HomeMy Public PortalAbout12/14/1990PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Board of the Town of Gulf
Stream will hold a Public Hearing on Wednesday, December 5, 1990 at
9:00 A.M. and the Town Commission, sitting as the Board of Adjustment,
will hold a Public Hearing on Friday, December 14, 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;
An application submitted by Digby Bridges, Marsh and
Associates, Agent for Mr. & Mrs. Alan Sipp, 3435 N.
Ocean Blvd., Gulf Stream, F1. 33483 requesting a
variance from the provisions of
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 installation of a spa which would encroach three feet ten
inches (3'10 ") into the required fifteen (15) foot north side yard
setback, spa equipment which would encroach five (5) feet into the
required fifteen (15) foot north side yard setback, and an outside
shower which would be placed abutting the north property line at
the address aforementioned which is legally described as a portion
of Lot 6, Gulf Stream Ocean Tracts.
ALL PERSONS INTERESTED in this matter may appear before th 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
O 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: November 15, 1990 TOWN OF GULF STREAM, FLORIDA
Publish: Palm Beach Post -Times P54
1st Publication: November 22, 1990
2nd Publication: November 30, 1990 Rita L. Taylor, own 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
rnMQDTrTTnT1Q T.nrATTnN nTTTSTDF. THE FRONT DOOR.
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PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Board of the Town of Gulf
Stream will hold a Public Hearing on Wednesday, December 5, 1990 at
9:00 A.M. and the Town Commission, sitting as the Board of Adjustment,
will hold a Public Hearing on Friday, December 14, 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:
An application submitted by Mason & Candice Heydt, 2883
Banyan Blvd. Circle N.W., Boca Raton, Florida 33431
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 XI. NON - CONFORMING USES, Sub Section
A, Paragraph 4.; Extensions.
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 construction of a dock which will encroach fourteen
and one quarter (14.25) feet into the required twenty nine and
one quarter (29.25) foot east side yard setback, to permit addition
of two bay windows to a nonconforming structure, one of which will
encroach fourteen and one quarter (14.25) feet into the required
twenty nine and one quarter (29.25) foot east side yard setback
and to permit the floor elevation, that being six and four tenths
(6.4) feet above zero sea level, of the existing non conforming
dwelling,to remain at that elevation while adding a substantial
addition which will have a conforming floor elevation of more
than seven (7) feet above zero sea level at 541 Banyan Rd. legally
described as Lots 2 &3, Block 3, Plat #1, Polo Fields Subdivision.
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: November 16, 1990 TOWN OF GULF STREAM, FLORIDA
Publish: Palm Beach Post -Times
1st Publication: November 22, 1990 ✓ f 7
2nd Publication: November 30, 1990 Rita L. Taylor, own 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.
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PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Board of the Town of Gulf
Stream will hold a Public Hearing on Wednesday, December 5, 1990 at
9:00 A.M. and the Town Commission, sitting as the Board of Adjustment,
will hold a Public Hearing on Friday, December 14, 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:
An application submitted by Digby Bridges, Marsh & Associates*as
Agent for Mrs. Jane B. Speer, 2817 N. Ocean Blvd., Gulf Stream,
Florida 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 A; Purpose of District, Paragraph 1.
to permit construction of a dwelling and accessory structures
upon a parcel of land on which there currently exists a dwelling
and accessory structures which would result in there being two
(2) dwelling units on one lot.
OR ALTERNATIVELY
An application submitted by Digby Bridges, Marsh & Associates as
Agent for Mrs. Jane B. Speer, 2817 N. Ocean Blvd., Gulf Stream,
Florida requesting a variance from the provision 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, in the event the parcel of land is divided to create
a lot of approximately one hundred (100) feet in width and a lot
of approximately two hundred (200) feet in width, the existing
bath house which would be located across the newly created
propery line dividing the parcel to remain, resulting in an
encroachment of thirty (30) feet into the required thirty (30)
foot south side yard setback on the two hundred (200) foot lot
and an encroachment of fifteen (15) feet into the required
fifteen (15) foot north side yard setback on the one hundred (100)
foot lot at the address aforementioned legally described as the
North 300' of Government Lot 3 Section 3/46/43.
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 AND THESE PUBLIC HEARINGS, SAID PART
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: November 17, 1990 TOWN OF GULF STREAM, FLORIDA
Publish: Palm Beach Post -Times t� r
1st Publication: November 22, 1990
2nd Publication: November 30, 1990 Rita L. Taylor, T 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.
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TO ALL WHOM IT MAY CONCERN
NOTICE IS HEREBY GIVEN that the Planning Board of the Town of
Gulf Stream will hold a Public Hearing on Wednesday, December 5, 1990
at 9:00 A.M. and the Town Commission, sitting as the Board of
Adjustment, will hold a Public Hearing on Thursday, December 14, 1990
at 9:00 A.M., both in the Commission Chambers at the Town Hall, Gulf
Stream, Florida at which the following will be considered:
An application for a Special Exception submitted by
Lisa Dunlevie, Agent for Steven Wymer, to permit the
placement of a construction trailer as provided in
Ordinance No. 83 -1; ZONING, Part II; COMPREHENSIVE
ZONING ORDINANCE, Sub Section D; SPECIAL EXCEPTIONS,
Paragraph 1. of no greater than five hundred (500)
square feet in size, approximately seventy five (75)
feet from the front property line and seventy five
(75) feet from the north side property line at 3223
N. Ocean Blvd., Gulf Stream, Florida which is owned
by Steven and Ann Wymer, 2401 Santiago, Newport
Beach, California 92660.
ALL PERSONS INTERESTED in the matter may appear before the
Gulf Stream Planning Board and the Town Commission 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 WITH RESPECT TO ANY MATTER
CONSIDERED AT THESE PUBLIC HEARINGS, 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: November 15, 1990 TOWN OF GULF STREAM, FLORIDA
46 �Z-'�
Rita L. Tay or, 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.
PQ
0
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
ADJUSTMENT OF GULF STREAM, FLORIDA TO
AT 9:00 A.M IN THE TOWN HALL OF GULF
FLORIDA.
Call to Order
II. Roll Call
December 7, 1990
THE TOWN COMMISSION /BOARD OF
BE HELD ON FRIDAY, DECEMBER 14, 1990
STREAM, 100 SEA ROAD, GULF STREAM,
WIL "D 11"
III. Minutes
A. Regular Meeting & Public Hearing held November 9, 1990
B. Special Meeting held November 28, 1990
IV. Additions, withdrawals, deferrals, arrangement of agenda items
V. Announcements
A. Proclamation naming January, 1991'National Volunteer Blood
Donor Month ".
B. Public Hearing January 7, 1991 at 5:01 P.M. -1st reading of the
"Land Development Regulations ", Zoning Ordinance Amendments,
Historical Preservation Ordinance, and Amendment to Planning Board
Duties to provide for Architectural Review responsibilities.
VI. PUBLIC HEARING
A. Variances
1. Digby Bridges, Agent for Mr. & Mrs. Alan Sipp, 3435 N.
Ocean Blvd., Gulf Stream, F1. 33483 requesting a variance
to permit installation of a spa which would encroach 3110"
into the required 15' north side yard setback, spa equipment
which would encroach 5' into the required 15' side yard
setback, and an outside shower which would be placed abut-
ting the north property line at the address aforementioned
which is legally described as a portion of Lot 6, Gulf
Stream Ocean Tracts.
2. Mr. & Mrs. Mason Heydt, 2883 Banyan Blvd., Circle N.W.,
Boca Raton, F1. 33431 requesting a variance to permit
construction of a dock which will encroach 144' into the
required 29-Y east side yard setback, to permit the addition
of two bay windows to a nonconforming structure, one of
which will encroach 144' into the required 294' foot east
side yard setback and to permit the floor elevation, that
being 6.4' above zero sea level, of the existing nonconforminc
dwelling, to remain at that elevation while adding a sub-
stantial addition which will have a conforming floor
elevation of more than 7' above zero sea level at 541 Banyan
Road, legally described as Lots 2 & 3, Block 3, Plat #1,
Polo Fields Subdivision.
3. Digby Bridges, Marsh & Associates, Agent for Mrs. Jane B.
Speer, 2817 N. Ocean Blvd., Gulf Stream, F1. requesting a
variance to permit construction of a dwelling and accessory
structures on a parcel of land on which there currently
exists a dwelling and accessory structures which would
result in there being 2 dwelling units in a single - family
zoning district; AND /OR ALTERNATIVELY to permit, in the
event the parcel of land is divided to create a lot of
approximately 100' and a lot of approximately 200' in width,
the existing bath house,which would be located across the
newly created property line dividing the parcel,to remain,
resulting in an encroachment of 30' into the required 30'
south side yard setback on the 200' lot and an encroachment
of 15' into the north side yard setback on the 100' lot at
the address aforementioned, legally described as the North
300' of Government Lot 3 Section 3/46/43.
B. Special Exception
1. Lisa Dunlevie, Agent for Steven Wymer, requesting permission
to place a construction trailer that would be located ap-
proximately 75' from the front property line and 75' from
the north side property line at the construction site of a
single family dwelling owned by Mr. & Mrs. Steven Wymer at
3223 N. Ocean Blvd., Gulf Stream, F1.
Regular Meeting and Public Hearing December 14, 1990 page 2
held by the Town Commission /Board of Adjustment
AGENDA CONTINUED
VII. Site Plan Review
A.
Digby Bridges, Marsh & Associates, Agent for Mr. & Mrs. Alan
Sipp, 3435 N. Ocean Blvd., Gulf Stream, F1. 33483 - Installation
of a spa, spa equipment and an outside shower which was either
not shown on the original site plan for the new single family
dwelling or had been shown in a different location.
OB.
Mr. & Mrs. Mason Heydt, 2883 Banyan Blvd., Circle N.W., Boca
Raton, F1. 33431 - Improvements to existing structure, two
story addition /tRisting structure and installation of a dock at
541 Banyan Road, Gulf Stream, F1. 33483
C.
Lisa Dunlevie, Agent for Steven Wymer- Placement of a construction
trailer at the construction site of a single family dwelling at
3223 N. Ocean Blvd., Gulf Stream, F1. 33483
D.
Digby Bridges, Marsh & Associates, Agent for Mrs. Jane B. Speer,
2817 N. Ocean Blvd., Gulf Stream, Fl. 33483 - Construction of
Single Family Dwelling, Garage w /Apartment on the south 100'
at the aforementioned address.
VIII. Reports
A. Town Manager
1. Water Usage
B. Town Attorney
C. Planning Board
D. Financial Director
1. 1990 Annual Audit - Ernst & Young
2. Financial Report for November, 1990
E. Police Department
F. Construction in Progress
IX. Items for Commission Action
A. Items by Commissioners
X. Correspondence
A. Dates of Public Hearings to be held by the Palm Beach County
Legislative Delegation
B. Reply to Town's letter related to.cost- effectiveness of the
Comprehensive Planning Program -Gov. Martinez
C. Letter requesting that the Town take no action to support the
Municipal League position on authority of Countywide Planning
Council -Palm Beach Countywide Planning Council
D. Supporting Municipal League's position concerning the juris-
diction of the Palm Beach Countywide Planning Council.
1 1. Resolution #90 -173; City of Boynton Beach
2. Resolution No. 84 -90; City of Lake Worth
3. Resolution # R- 21 -90; Town of Lantana
4. Resolution #90 -47; Village of Royal Palm Beach
E. Opposing the referendum by Palm Beach County Commission concern-
ing environmentally sensitive lands.
1. Resolution No. 315- 90 -77; Jupiter Inlet Colony
2. Resolution No. 85 -90; City of Lake Worth
3. Resolution No. 143, 1990; City of Palm Beach Gardens
F. Resolution # 86 -90 expressing concern in the expansion of review
responsibility of Governor & Cabinet in capacity as Florida Land
and Water Adjudicatory Commission -City of Lake Worth
XI. Public
XII. 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.
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
FRIDAY, DECEMBER 14, 1990 AT 9:00 A.M.
I. Call to Order
The meeting was called to order at 9:00 A.M. by Mayor William F.
Koch, Jr.
II. Roll Call
Present: William F. Koch, Jr. Mayor
Alan I. Armour Vice Mayor
James E. Cross Commissioner
Lawrence E. Stahl Commissioner
Kathleen S. Wallace Commissioner
Also Present:
III. Minutes
Franklin E. Flannery
John C. Randolph
Richard Brandt
Robert Schultz
William Mayer
Mark Marsh
Mason Heydt
Paul Bremer
William Gwynn
Town Manager
Town Attorney
Code Enforcement Officer
Police Chief
Chairman, Planning Bd.
Agent for Resident
Property Owner
Ernst & Young, Auditors
Finance Director
A. Regular Meeting & Public Hearing held November 9, 1990.
Commissioner Cross moved and Commissioner Armour seconded that
the minutes of November 9, 1990 be approved as circulated. All voted AYE.
B. Special Meeting held November 28, 1990.
Commissioner Cross moved that the minutes of November 28, 1990
be approved as dispatched, seconded by Commissioner Armour. All voted AYE.
IV. Additions, withdrawals, deferrals, arrangement of agenda items
Town Manager Flannery requested that item VIII.C.1., 1990 Annual
Audit be moved on the agenda to follow item V.B. There were no objections
and it was so ordered by Mayor Koch.
V. Announcements
A. Proclamation naming January, 1991 "National Volunteer Blood
Donor Month ".
The Town Clerk ready the proclamation by title and Mayor Koch
executed the Proclamation.
B. Public Hearing January 7, 1991 at 5:01 P.M. -1st reading of the
"Land Development Regulations ", Zoning Ordinance Amendments,
Historical Preservation Ordinance, and amendment to Planning
Board Duties to provide for Architectural Review responsibilities.
The Town Clerk read the notice.
VIII. D. 1. 1990 Annual Audit -Ernst &Young
Mr. Paul Bremer, a partner in t e firm of Ernst & Young was
recognized and presented the 1990 Annual Audit. He explained that the
Town was in approximately the same financial position as in 1989. He went
on to advise that they had found no irregularities and briefly covered the
notes placed in the audit. One of the auditors suggestions was that a
limit be placed on the amount of an item to be considered a fixed asset and
thenrecommended $500.00 but added that that would be a policy determination
by the Commission. They further recommended that a bank.deposit be made
each day or a deposit made when the receipts equal a given amount to also
be determined by the Commission. The Mayor indicated this would be done
at the January, 1991 meeting when Mr. Gwynn presented his reply to the notes.
Commissioner Armour moved and Commissioner Wallace seconded that the audit
report for 1990 be approved as presented and all voted AYE.
Town Commission Meeting Minutes of December 14, 1990 page 2
VI. PUBLIC HEARING
A. Variances -Board of Adjustment
1. Digby Bridges, Agent for Mr. & Mrs. Alan Sipp, 3435 N.
Ocean Blvd., Gulf Stream, F1. 33483 requesting a variance
to permit installation of a spa which would encroach 3'10"
into the required 15' north side yard setback, spa equipment
which would encroach 5' into the required 15' side yard
setback, and an outside shower which would be placed abut-
ting the north property line at the address aforementioned
which is legally described as a portion of Lot 6, Gulf
Stream Ocean Tracts.
01 William Mayer, Chairman of the Planning Board advised that the majority
recommendation of the Board was that the variance be granted as requested
provided the applicant obtained a letter from Mr. Walsh, the property owner
on the south, stating that he had no objection to these installations. Mr.
Marsh of Digby Bridges, Marsh, & Associates advised that when the original
variance was sought and granted to permit an encroachment for the dwelling,
they had assumed it covered the spa. However the spa was not named and
there was no dimension shown for it on the site plan. He then advised that
the applicant had attempted to obtain a permit from DNR to place the spa
eastward of the Coastal Construction Setback Line, which had been denied.
Mr. Mayer pointed out that Mr. Marsh had not made mention of any dealings
with the DNR at the meeting of the Planning Board, to which Mr. Marsh
replied that he was not aware that he would have to prove hardship. Commis-
sioner Armour moved to approve the variance as recommended by the Planning
Board. The motion was seconded by Commissioner Stahl. Roll Call: Comm.
Wallace; NAY, commenting that she did not believe a hardship had been proven.
Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, Mayor Koch; AYE.
Commissioner Stahl added that he did not believe applicants should be asked
to get "letters of approval" from neighbors as a condition of the granting
of a variance inasmuch as all neighbors receive notices of the proposed
variance and have an opportunity to object. He was hopeful that this
particular instance would not set a precedent.
2. Mr. & Mrs. Mason Heydt, 2883 Banyan Blvd., Circle N.W., Boca
Raton, F1. 33431 requesting a variance to permit construction
of a dock which will encroach 144' into the required 294'
east side yard setback, to permit the addition of 2 bay
windows to a nonconforming structure, one of which will
encroach 144' into the required 294' east side yard setback,
and to permit the floor elevation, that being 6.4' above
zero sea level, of the existing non conforming dwelling, to
remain at that elevation while adding a substantial addition
which will have a conforming floor elevation of more than
7' above zero sea level at 541 Banyan Rd., legally described
as Lots 2 & 3, Block 3, Plat #1, Polo Fields Subdivision.
Mr. Mayer advised that the Planning Board has not yet made a recommendation
regarding this request as there were numerous objections from property
�} owners in the area and the Board had directed the applicant to hold meetings
with those objecting in an effort to resolve the differences and then
return with amended plans for a determination. Mr. Heydt asked to be
recognized and advised that a meeting had been held, a new design presented
to the neighbors, and it was felt to be acceptable. He further stated
that they were in the process of submitting a new application for variance
to be considered at the January, 1991 meeting of the Planning Board and
Board of Adjustment. Mr. Heydt then withdrew the current request for
variance and site plan review.
3. Digby Bridges, Marsh & Associates, Agent for Mrs. Jane B.
Speer, 2817 N. Ocean Blvd., Gulf Stream, F1. requesting a
variance to permit construction of a dwelling and accessory
structures on a parcel of land on which there currently
exists a dwelling and accessory structures which would
Town Commission Meeting Minutes of December 14, 1990 page 3
result in there being 2 dwelling units in a single - family
zoning district; AND /OR ALTERNATIVELY to permit, in the
event the parcel of land is divided to create a lot of
approximately 100' and a lot of approximately 200' in width,
the existing bath house, which would be located across the
newly created property line dividing the parcel, to remain,
resulting in an encroachment of 30' into the required 30'
south side yard setback on the 200' lot and an encroachment
of 15' into the north side yard setback on the 100' lot at
the address aforementioned, legally described as the North
O300' of Government Lot 3 Section 3/46/43.
Mr. William Mayer advised that the Planning Board recommendation was that
the bath house be permitted to remain as is until such time as the new
construction was completed but that a Certificate of Occupancy would not
be issued for the new dwelling until the encroachment of the bath house
was removed. During Commission discussion it was pointed out that the
property in question is made up of three parcels of land; the south 100'
being parcel #3, and the north 200' being parcels #1 and #2. It was further
noted that there are a number of non - conformities on parcels #1 & #2 and
several others created when parcel #3 is independently developed as proposed.
A lengthy discussion was held following which Commissioner Stahl made the
following motion: To deny the variance as to Parcel #3 but to grant a
variance to accept the newly created non - conformities in relation to the
south property line of Parcel #2 subject to the south bath house being
removed in it's entirety; subject further to a unity of title being given
to the Town in regard to Parcels #1 and #2, with said unity of title provid-
ing that that lot could never be subdivided and would always have to have
both parcels used together as one lot; and subject further that no building
permit shall be issued for any construction on parcel #3 until the
conditions herein have been met. The motion was seconded by Commissioner
Armour and all voted AYE. Mr. Marsh of Digby Bridges, Marsh & Associates
requested that the site plan for this proposed development be considered
at this time as he had just learned that he must take a sick child to the
hospital. His request was granted.
VII. Site Plan Review
D. Digby Bridges, Marsh & Associates, Agent for Mrs. Jane B. Speer,
2817 N. Ocean Blvd., Gulf Stream, F1. 33483- Construction of a
Single Family Dwelling, Garage w/ Apartment on the south 100'
at the aforementioned address.
Mr. Mayer, Chairman of the Planning Board advised the Board recommended that
the site plan be approved as presented excluding the garage with apartment
due to the fact that the garage doors are shown as facing the street which
would require a variance be granted. Mr. Marsh explained that there are
no variances that are required in order to meet any setbacks and that
since the garage is free standing, it would be necessary to apply for
a separate building for it. In view of that he felt there was no problem
in deleting the garage from the site plan review at that time and then
reapply at a later time for the garage in order to give the owner an
opportunity to reconsider the design of the garage. Commissioner Armour
moved that the site plan be approved with the exception of the garage
as was recommended by the Planning Board. The motion was seconded by Mrs.
Wallace and all voted AYE,
Mayor Koch returned to the original order of the agenda.
VI. PUBLIC HEARING
B. Special Exception
Town Commission Meeting Minutes of December 14, 1990 page 4
1. Lisa Dunlevie, Agent for Steven Wymer, requesting permission
to place a construction trailer that would be located ap-
proximately 75' from the front property line and 75' from the
north side property line at the construction site of a
single family dwelling owned by Mr. & Mrs. Steven Wymer at
3223 N. Ocean Blvd., Gulf Stream, F1.
Mr. Mayer stated that the Planning Board recommended that the Special
Exception be granted as requested. Mayor Koch advised that he is declaring
a conflict in this matter as his firm had participated in the sale of the
G property. He then passed the gavel to Vice Mayor Armour. During discussion
it was stated that this property may have recently been resold. Commissioner
Stahl moved that the Special Exception be granted as requested and recommend-
ed by the Planning Board but that the granting only applies to the applicant,
Mr. Wymer. The motion was seconded by Commissioner Wallace. Roll Call:
Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Stahl; AYE, Vice Mayor Armour;
AYE with Mayor Koch not voting. Vice Mayor Armour returned the gavel to
Mayor Koch.
VII. Site Plan Review
A. Digby Bridges, Marsh & Associates, Agent for Mr. & Mrs. Alan
Sipp, 3435 N. Ocean Blvd., Gulf Stream, F1. 33483- Installation
of a spa, spa equipment and an outside shower which was either
not shown on the original site plan for the new single family
dwelling or had been shown in a different location.
The Planning Board recommended approval of the site plan, Mr. Mayer advised.
Commissioner Stahl moved approval of the site plan as presented and recom-
mended by the Planning Board, seconded by Comm. Armour. Roll Call: Comm.
$ac NAY, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl; Aye, Mayor
E' Mr. & Mrs. Mason Heydt, 2883 Banyan Blvd., Circle N.W., Boca
Raton, F1. 33431 - Improvements to existing structure, two story
addition to existing structure and installation of a dock at
541 Banyan Road, Gulf Stream, F1. 33483.
This request had been withdrawn by the applicant earlier on the agenda.
C. Lisa Dunlevie, Agent for Steven Wymer- Placement of a construction
trailer at the construction site of a single family dwelling at
3223 N. Ocean Blvd., Gulf Stream, F1. 33483.
Mayor Koch passed the gavel to Vice Mayor Armour, declaring a conflict in
that his firm participated in the sale of the property. With the recommend-
ation from the Planning Board being to approve the site plan as requested,
Commissioner Stahl moved and Commissioner Wallace seconded that the site
plan be approved as reqeusted. Roll Call: Comm. Wallace; AYE, Comm. Cross;
AYE, Comm. Stahl; AYE, Vice a__vyor Armour; AYE with Mayor Koch not voting.
Gavel was r� $e r ag yo a 5'tt & Associates, Agent for Mrs. Jane B. Speer,
2817 N. Ocean Blvd., Gulf Stream, F1. 33483 - Construction of
Single Family Dwelling, Garage w /Apartment on the south 100'
at the aforementioned address.
This matter was considered earlier on the agenda.
VIII. Reports
A. Town Manager
1. Water Usage
Mr. Flannery, Town Manager advised that the report shows that water usage is
down 21.3% from what it was at the same time in 1989. He also advised that
the special report that had been requested by Commissioner Stahl has been
completed and will soon be circulated to the members of the Commission.
Town Commission Minutes of December 14, 1990 page 5
Commissioner Armour asked if there had been a review of the Leadership
Cable Franchise with regard to increasing the fees. Mr. Flannery advised
that this had not been done but that he would be handling the matter at
once.
B. Town Attorney
There was no report from the Town Attorney
C. Planning Board
There was no report from the Planning Board
D. Financial Director
1. 1990 Annual Audit -Ernst & Young
This item had been considered earlier on the agenda.
2. Financial Report for November, 1990
Mr. Gwynn presented his financial report and pointed out that approximatel
one third of the tax collections were reflected on the report, $316,056.69,
and that the majority had been placed in interest bearing accounts. Commis-
sioner Armour moved to approve the report as presented, seconded by Commis-
sioner Cross and all voted AYE.
E. Police Department
Chief Schultz presented his report on police activities during the month
of November, 1990. In addition to the usual police activities, he advised
that he -had updated the Police Record Files to conform to additional
standards that have been adopted by the State of Florida and that he
has completed a General Regulations Manual which has been forwarded to the
labor attorneys for their review.
F. Construction in Progress
The report that was included in the agenda package revealed that there is
$12,282,675 worth of work in progress in Gulf Stream.
IX. Items for Commission Action
A. Items by Commissioners
Commissioner Wallace advised that Mr. John Breazeale, who was unable to
attend the meeting, had asked her to advise the Commission that the Task
Force of the Civic Association is in the process of reviewing some suggestion;
regarding the bulk and /or mass of structures and will be having a report
in the future.
Commissioner Armour asked Attorney Randolph to explain why Commissioners
and Planning Board members cannot participate in certain meetings when
asked to do so. Attorney Randolph explained that because of the Florida
Sunshine Law, these officials cannot engage in discussion of matters that
may come before them unless the meeting and /or discussion has been publically
noticed in advance. He suggested that in order to avoid any appearance of
a violation, it would probably be better for the Commissioner to not be
present at suc h gatherings.
X. Correspondence
A. Dates of Public Hearings to be held by the Palm Beach County
Legislative Delegation
B. Reply to Town's letter related to cost - effectiveness of the
Comprehensive Planning Program -Gov. Martinez.
C. Letter requesting that the Town take no action to support the
Municipal League position on authority of Countywide Planning
Council -Palm Beach Countywide Planning Council.
D. Supporting Municipal League's position concerning the jurisdiction
of the Countywide Planning Council.
1. Resolution #90 -173; City of Boynton Beach
2. Resolution No. 84 -90; City of Lake Worth
3. Resolution #R- 21 -90; Town of Lantana
4. Resolution #90 -47; Village of Royal Palm Beach
Town Commission Minutes of December 14, 1990
All
OXI.
XII.
N
E. Opposing the referendum by Palm Beach
ing environmentally sensitive lands.
1. Resolution No. 315- 90 -77; Jupiter
2. Resolution No. 85 -90; City of Lake
3. Resolution No. 143, 1990; City of
F. Resolution #86 -90 expressing concern i
responsibility of Governor& Cabinet in
and Water Adjudicatory Commission -City
correspondence was accepted and made a matter
Wallace
ATTEST:
Public
There was no comment from the public.
Adjournment
Commissioner Cross
and all voted AYE
/2%W /' i
Town Clerk
page
County Commission concern-
Inlet Colony
Worth
Palm Beach Gardens.
n the expansion of review
capacity as Florida Land
of Lake Worth
of record of this meeting.
moved to adjourn, seconded by Commissioner
Mayor Koch adjourned the meeting at 10:50 A.M.
Mayor Koch
Vice Mayor Armour
Commissioner Cross
Commissioner Stahl
Commissioner Wallace
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I %SI NAME —Ii RST NAME — MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Koch, William Jr. Town Commission
NIAII LNG ADDRESS 'rHE BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
545 Golfview Dr. XCITY COUNTY I I OTHER LOCAL AGENCY
z
Gulf Stream, F1. 33483
U:V t ON %k HIGH VOTE OCCURRED
L SUBDIVISION:
Ml POSITION IS
k LI.EcrIVL APPOINTIVE
WHO MUST FILE FORM 811
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary gteatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
Jerson holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
Llsclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
If YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
• You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
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IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in' the minutes.
DISCLOSURE OF STATE OFFICER'S INTEREST
i, William Koch. Jr. , hereby disclose that on December 14 , 1990 , 19 �
(a) A measure came or will come before my agency which (check one)
x inured to my special private gain; or
_ inured to the special gain of
(b) The measure before my agency and the nature of my interest in the measure is as follows:
;:
by whom I am retained.
1. Consideration of special exception request for permission to place
a temporary construction trailer at the construction site of a
single family dwelling 3223 N. Ocean Blvd.. My firm participated
in the sale of this property.
December 14, 199n
Date Filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REpUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
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