HomeMy Public PortalAbout05/14/1993May 7, 1993
MAYOR: William F. Koch, Jr.
VICE MAYOR: Alan I. Armour
COMMISSIONER: James E. Cross
A. Curtis True, M.D.
Kathleen S. Wallace
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, MAY 14, 1993 AT 9:00 A.M. IN THE
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA.
AGENDA
I. Call to Order
II. Pledge of Allegiance
III. Roll Call
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
V. Minutes of the Regular Meeting /Public Hearing held April 12, 1993.
VI. Announcements
A. Proclamation naming June 6, 1993, 3220th U.S. Army Grrison Day.
B. Award for Outstanding Residential Recycling Performanace for
1992 from Solid Waste Authority of Palm Beach County.
C. Meeting Dates
1. June Regular Meeting -June 18, 1993 at 9 A.M.
2. July Regular Meeting and Budget Presentation -July 22 at 2 P.M.
3. Date for August Meeting
VII. PUBLIC HEARING
A. Special Exception
1. Edward Knight of Shannon Ginn Construction Company, Agent
for George Elmore, 1320 N. Ocean Blvd., Gulf Stream, F1.-
To permit the placement of a construction trailer at the
address stated herein.
VIII. Site Plan Review
A. Edward Knight of Shannon Ginn Construction Company, Agent for
George Elmore, 1320 N. Ocean Blvd., Gulf Stream, F1. - To
permit the placement of a temporary construction trailer on
the east side of the property at the address stated herein.
B. Richard K. Brooks, Jr. of RKB Architects Planners, Inc. as
Agent for Gerry and Mary Lepkanich, 3223 N. Ocean Blvd., Gulf
Stream, F1.- AMENDED SITE PLAN to permit the addition of two
second floor bedrooms and an open, outside stairway to the
structure under construction at the address listed herein.
IX. Reports
A. Town Manager
1. Bi- monthly water use
B. Town Attorney
C. Finance Director
1. Financial Report
D. Architectural Review
1. Meeting Dates
a. May 26, 1993
b. June 30, 1993
C. July 28, 1993
E. Police Report
for April, 1993
and Planning Board
F. Construction in Progress in April, 1993
X. Items for Commission
A. Engagement Letter for Auditing Services -Ernst & Young
B. Items by Commissioners
XI. Public
XII. Adjournment
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COM-
MISSION OR BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING, 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.
1!2@1,IMFK�M.l a$de]
NOTICE IS HEREBY GI4EN that the Architectural Review and Planning Board
of the Town of Gulf Stream will hold a Public Hearing on Wednesday,
May 26, 1993 at 9:00 A.M. and the Town Commission, sitting as the Board
of Adjustment, will hold a Public Hearing on Friday, June 18, 1993 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 Paul Monaghan of the Shamus
Corporation, Agent for Mr. & Mrs. James Walton, owners
of real property located at 3512 Oleander Way, Gulf Stream,
Florida and legally described as Lot 53, Gulf Stream Properties
No. 2, requesting a variance from the provisions of the Code
of Ordinances of the Town of Gulf Stream, Chapter 66; ZONING,
Article VIII.; SUPPLEMENTARY DISTRICT REGULATIONS, Division
2.; ACCESSORY STRUCTURES AND RECREATIONAL FACILITIES, Section
66 -367; Swimming Pools, Paragraph (e),
to permit the construction of a swimming pool which would extend nine (9)
feet into the required twenty five (25) foot corner front yard setback
adjacent to Banyan Road at the location stated herein
ALL PERSONS INTERESTED in this matter may appear before the Architectural
Review and Planning Board and the Town Commission, sitting as the Board
of Adjustment, 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
ARCHITECTRUAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION, SITTING AS
THE BOARD OF ADJUSTMENT, 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: May 6, 1993 TOWN OF GULF STREAM, FLORIDA
Publish: Palm Beach Post
Publication Date: May 19, 1993
June 3, 1993 C
June 12, 1993 Rita L. Taylor, own Clerk
THIS NOTICE IS PUBLISHED PURSUANT TO THE TOWN OF GULF STREAM CODE OF
ORDINANCES AND IS POSTED AT THE GULF STREAM TOWN HALL IN A CONSPICUOUS
LOCATION OUTSIDE THE FRONT DOOR.
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NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL
Mr. Troy Ennis of Delray Marine Construction as agent for Mr. & Mrs.
Sydnor Speer, the owners of real property located at 998 Pelican Lane,
Gulf Stream, Florida, has submitted an application for a Site Plan Review
to permit the construction of a second story wooden deck on the existing
dwelling on said property. The subject alteration is proposed to consist
of constructing a wooden deck twenty five and seven - tenths (25.7)'feet• wide by
t twenty nine and eight tenths (29.8) feet long on top of the flat roof'
portion of the existing dwelling and the existing screen room. Complete
application materials are on file with the Town of Gulf Stream Planning
and Building Department located at 100 Sea Road, Gulf Stream, Florida
33483 and may be inspected during regular business hours which generally
include non - holiday weekdays from 9:00 A.M. to 4:00 P.M.
The Town of Gulf Stream Architectural Review and Planning Board will
consider the subject application at its meeting on May 26, 1993, at 9:00
A.M., in the Commission Chambers in the Gulf Stream Town Hall located at
100 Sea Road, Gulf Stream, Florida 33483 and shall make a recommendation
to the Town Commission regarding the subject application. Said meeting
may be adjourned from time to time and place to place as may be necessary
to hear all parties end evidence.
The Town of Gulf Stream Town Commission will consider the subject application
at its meeting on June 18, 1993, at 9:00 A.M.,in the Commission Chambers
in the Gulf Stream Town Hall located at 100 Sea Road, Gulf Stream, Florida
33483 and shall make a final decision regarding the subject application.
Said meeting may be adjourned from time to time and place to place as
necessary to hear all parties and evidence.
All persons interested in this matter may appear before the Architectural
Review and Planning Board and 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
Architectural Review and Planning Board or 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: May 5, 1993
...OWN OF GULF STREAM, FLORIDA
Rita L. Taylor, own Clerk
NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL
Mr. Samuel Ogren, Jr. as agent for Mr. Christopher Rodgers, the owner of
real property located at 555 Palm Way, Gulf Stream, Florida, has submitted
an application for a Site Plan Approval to permit the alteration of an
existing open structure over a portion of the pool deck on said property.
The subject alteration is proposed to consist of converting an existing
flat roof open structure over a portion of the pool deck to an enclosed
pool cabana room with a sloped roof. Complete application materials are
on file with the Town of Gulf Stream Planning and Building Department
located at 100 Sea Road, Gulf Stream, Florida 33483 and may be inspected
during regular business hours which generally include non - holiday weekdays
from 9:00 A.M. to 4:00 P.M.
The Town of Gulf Stream Architectural Review and Planning Board will
consider the subject application at its meeting on Wednesday, May 26, 1993,
at 9:00 A.M. in the Commission Chambers in the Gulf Stream Town Hall
located at 100 Sea Road, Gulf Stream, Florida 33483 and shall make a
recommendation to the Town Commission regarding the subject application.
Said meeting may be adjourned from time to time and place to place as may
be necessary to hear all parties and evidence.
The Town of Gulf Stream Town Commission will consider the subject application
at its meeting on Friday, June 18, 1993, at 9:00 A.M., in the Commission
Chambers in the Gulf Stream Town Hall located at 100 Sea Road, Gulf Stream,
Florida 33483 and shall make a final decision regarding the subject
application. Said meeting may be adjourned from time to time and place
to place as necessary to hear all parties and evidence.
All persons interested in this matter may appear before the Architectural
Review and Planning Board and 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
Architectural Review and Planning Board or 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: May 4, 1993
TOWN OF GULF STREAM, FLORIDA
Rita L. Taylor Town Clerk
REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM ON FRIDAY, MAY 14, 1993 AT 9:00 A.M. IN THE COMMISSION
CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA.
I. Call to Order Mayor Koch called the meeting to order at 9:00 A.M.
II. Pledge of Allegiance Commissioner True led the Pledge of Allegiance.
III. Roll Call
Present and
Participating:
Absent With Notice:
Also Present
& Participating:
William F. Koch, Jr.
James E. Cross
A. Curtis True, M.D.
Kathleen S. Wallace
Alan I. Armour
E. Scott Harrington
John Randolph
Rita Taylor
William Gwynn
Joan Orthwein
Paul Bremer
Mr. Videon
Richard Brooks, Jr.
Mayor
Commissioner
Commissioner
Commissioner
Vice Mayor
Town Manager
Town Attorney
Town Clerk
Finance Director
Chairman of ARPB
Rep. Ernst & Young
Agent for Mr. Elmore
Agent for Lepkanich
IV. Additions, withdrawals deferrals, arrangement of agenda items
The Town Clerk requested that Item X.A., Engagement Letter for
Auditing Services, be moved to the top of the agenda. The Town Manager
requested that Item VI.D., Grant Application, be added. There were no
objections to these changes.
Mr. Paul Bremer, Managing Partner for Ernst & Young, presented his
Engagement Letter covering auditing services for the next three years.
Commissioner Wallace moved and Commissioner True seconded that the letter
be executed as presented. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE,
Comm. True; AYE, and Mayor Koch; AYE.
V. Minutes of the Re
Hearin
1
commissioner Wallace advised that the President of the G
Golf Club is shown as Dr. Walter Hoyt when in fact the President
Walter Donahue,and moved that the minutes be amended and adopted
The motion was seconded by Commissioner Cross. Roll Call: Comm
AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE.
93.
is now Mr.
as amended.
Wallace;
VI. Announcements
A. Proclamation naming June 6, 1993, 3220th U. S. Army Garrison Day.
'- The Town Clerk read the proclamation by title, explaining that
there will be a change of command ceremony held, and Mayor Koch executed
the Proclamation.
B. Award for Outstanding Residential Recycling Performance for 1992
from Solid Waste Authority of Palm Beach County.
The Town Clerk read the award of recognition.
C. Meeting Dates
1. June Regular Meeting -June 18, 1993 at 9 A.M.
2. July Regular Meeting and Budget Presentation -July 22 at 2 P.M.
3. Date for August Meeting
The Town Clerk advised that the August Meeting date had not been confirmed.
The members of the Commission agreed that the August Meeting would be held
on August 20, 1993 at 9:00 A.M.
Regular Meeting and Public Hearing
Town Commission -May 14, 1993
Page 2
D. Grant Application
Town Manager Harrington advised he was in the process of applying for funds
thru a grant application to cover a portion of the total project cost of
$275,000 over a 5 year period for trimming the trees along AlA, formulating
a future landscape design, new plantings, etc. He further advised that the
Town had budgeted $20,000 toward this and that would be the Town's share
to be shown in the application. He stated this is a lengthy process and if
the application is approved, either in part or in total, no money would be
seen until well into 1994. Mr. Harrington reported that Mrs. Breazeale is
0
working with him on this and they feel there is a chance of receiving some
measure of the request.
VII. PUBLIC HEARING
A. Special Exception
1. Edward Knight of Shannon Ginn Construction Company, Agent
George Elmore, 1320 N. Ocean Blvd., Gulf Stream, F1. -To
permit the placement of a construction trailer at the
address stated herein.
Joan Orthwein, Chairman of the Architectural Review and Planning Board
reported that the ARPB recommended that approval to place the construction
trailer as requested be granted for a period of six months with one six
month extension permitted by administrative approval upon a finding by the
Town Manager that the trailer complies with all conditions of approval and
does not constitute a nuisance to adjacent properties. Mayor Koch passed the
gavel to Commissioner Cross, declaring a conflict as a participant in the sale.
Commissioner Wallace moved to grant the Special Exception for the placement
of a construction trailer as recommended by the ARPB, including the provisions
for a 6 month extension. The motion was seconded by Commissioner True. Roll
Call: Comm. Wallace; AYE, Comm. True; AYE, and Acting Chairman Cross; AYE.
VIII. Site Plan Review
A. Edward Knight of Shannon Ginn Construction Company, Agent for
George Elmore, 1320 N. Ocean Blvd., Gulf STream, F1. - To permit
the placement of a temporary construction trailer on the east side
of the property at the address stated herein.
Commissioner Wallace moved that the site plan be approved as requested and
recommended by the ARPB. The motion was seconded by Commissioner True. Roll
Call: Comm. Wallace; AYE, Comm. True; AYE, and Acting Chairman Cross; AYE.
B. Richard K. Brooks, Jr. of RKB Architects Planners, Inc. as
Agent for Gerry and Mary Lepkanich, 3223 N. Ocean Blvd., Gulf
Stream, F1. - AMENDED SITE PLAN to permit the addition of two
second floor bedrooms and an open, outside stairway to the
structure under construction at the address listed herein.
Acting Chairman Cross returned the gavel to Mayor Koch.
Mr. Richard Brooks was recognized and distributed an exhibit showing the
proposed landscape buffer that is planned for the south property line in
relation to the Lepkanich dwelling and the dwelling to the south. Sight
lines had been drawn in between the two dwellings in an effort to show the
impact of the proposed landscape buffer. He pointed out that there is 44'
between the two dwellings and only a small portion of the structure is
extended to the setback line. He closed by saying that the family needs
have changed which justifies this addition.
Regular Meeting and Public Hearing
Town Commission- May 14, 1993 page 3
Commissioner Wallace asked Mr. Brooks if the neighbor to the south had
been contacted in view of a letter from her objecting to the addition
that is on file. Mr. Brooks stated thatno effort had been made to dis-
cuss this with the neighbor.
Commissioner True believed this design to be similar to one that had
been previously submitted and rejected. Mr. Brooks believed he was
mistaken. Commissioner Wallace agreed with Commissioner True, adding
that the 4th that was presented and rejected was very similar in
C; square footage. Mr. Brooks then replied that he was not the architect
of record in the beginning of the project and he could not comment.
Joan Orthwein, Chairman of the ARPB, reported that the ARPB had voted
unanimously to deny the request for the addition in that: 1) It is
visibly excessively dissimilar in relation to other structures in
regard to floor area and cubical contents. 2) It does not provide
sufficient screens and buffers to preserve internal and external
harmony and compatability with uses inside and outside the property
boundaries. 3) It would have an adverse impact on adjacent properties.
4) It employs a design that is not in conformity with good taste,
good design, and in general does not contirbute to the image of the
Town as a place of beauty, spaciousness, balance, taste, fitness,
charm, and high quality.
Mayor Koch asked Town Manager Harrington for his comments. Mr.
Harrington asked the Commissioners to refer to page 1 of the drawings
in the packet. He stated that the figure entitled "Residence Floor
Area" does not cover the area under the proposed bedrooms and bath which
would be an additional 585 sq. ft., approximately. He added that he
believed the cubical measurement is also greater than is shown. Mr.
Harrington asked that the full staff report be entered into the record
and a copy of the report is attached and made a part of these minutes.
He then identified the square footage and cubical contents, the south
side setback, and the vault design as elements of the proposal that are
inconsistent with the previous approval and the Zoning Code. Mr.
Harrington added that at the time approval was given for the structure,
it had been agreed that the front entrance would be the focal point.
The proposed addition has repeated the design, he said.
The Town Clerk read a letter of objection from Waddell Hancock of 3211
N. Ocean Blvd., the neighbor adjacent to the south.
Commissioner cross stated he had visited the site and does not believe
the sight lines that are drawn on the exhibit correctly represent the
situation.
Mr. Brooks replied that they are accurate and added that he did not go
onto the neighboring property as it is private property but that the
sketch represents what would be seen from the adjacent property. Mr.
Brooks added that his figures are correct on the drawings with regard to
the square footage and cubical content as he had worked with the staff
in their preparation.
Commissioner Wallace observed that perhaps a full elevation drawing of
both properties rather than just a skectsh would more accurately show the
impact of the proposed addition in relation to the neighbor on the south.
Mayor Koch suggested perhaps Mr. Brooks would want to meet with the staff
in an effort to come up with something more acceptable. Mr. Brooks
stated he would consider this.
Regular Meeting and Public Hearing
Town Commission -May 14, 1993 page 4
Commissioner Wallace referred to both the staff report and existing ordinances
in stating her concerns regarding the addition. She stated that just
because regulations are spelled out, they are not to be construed as
absolutes. She added that it is reasonable to assume that the ordinances
provide an envelope in which one can choose to build in a variety of accept-
able ways and it is not expected that anyone should feel the need to utilize
the complete envelope. Mrs. Wallace believed this structure is the second or
third largest in town and pointed out that because of the recent construction
of oversized structures, the Town had found it necessary to enact the current
ordinances. Commissioner Wallace reminded that the developers had given
assurances that the existing natural vegetation would be maintained and
enhanced to provide a strong buffer to the house on the south and now there
is no vegetation at all. She added that the Town is now being asked to
restore the house to the size that was originally requested and repeatedly
turned down when the buffer was in place. Mrs. Wallace closed by stating
that the plan as presented is inconsistent with the town's architectural
standards, detrimental to the neighborhood, and inconsistent with the
agreement the town had with the applicant previously.
Commissioner Wallace moved that the request for the addition be denied in
that: 1) It is visibly excessively dissimilar in relation to other structures
in regard to floor area and cubical contents; 2) Sufficient screens and
buffers are not provided to preserve internal and external harmony and compat-
ibility with uses inside and outside the property boundaries; 3) It has an
adverse impact on adjacent properties; and 4) It does not employ a design that
is in conformity with good taste, good design, and in general does not
contribute to the image of the Town as a place of beauty, spaciousness,
balance, taste, fitness, charm, and high quality. The motion was seconded by
Commissioner Cross. Before calling for the vote, Mayor Koch asked Mr. Brooks
if he would prefer to withdraw the application and work with staff to
achieve something more acceptable. Mr. Brooks asked that the vote be taken;
and he would consult with the owners on any further action. Mayor Koch
ordered the roll call. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE,
Comm. True; AYE, and Mayor Koch; AYE.
IX. Reports
A. Town Manager
1. Bi- monthly water use
Mr. Harrington reported that the non - residential users are doing very well
in reducing water consumption but that the residential users are slipping.
He further reported that consumption is down 158 from the base year but that
will not be enough to meet the state mandate. He advised that he would be
spending a great deal of time on revising rates, etc. during the next month
in the hope that the changes will encourage more conservation.
Mayor Koch mentioned that the Water Mgt. Dist.. is now proposing to drop the
level of the "Lake" by two feet and yet they urge us to conserve.
B. Town Attorney
Attorney Randolph called attention to the draft of an ordinance to amend
some of the provisions in the code related to elections. He advised that
the qualifying dates for candidates in the Gulf Stream Code were in conflict
with those used by the county and it is necessary that they be the same. Mr.
Randolph added that since an ordinance is necessary to correct this, perhaps
there are other provisions that should be reviewed and possibly changed at
the same time. He pointed out that the code currently requires that a $5.00
filing fee be collected from each candidate and that a petition be submitted
with the names of 4 registered voters in the town supporting the candidate.
Regular Meeting and Public Hearing
Town Commission -May 14, 1993
page 5
Commissioner True moved that the requirement for the $5.00 filing fee be
removed and that the requirement of the petition with the signatures of 4
registered voters in the town remain in place. The motion was seconded by
Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE,
Comm. True; AYE, and Mayor Koch; AYE.
CTown Manager Harringtion asked for direction from the Commission regarding
)other ordinances that were directed during the recent Workshop Meeting. He
asked if it was the desire of the Commission to have these in place as soon
as possible. He pointed out that it may be difficult to have one in place
to prohibit ARPB action during the month of August prior to August, 1993.
Attorney Randolph point out that this ordinance would have to be published
several times in a quarter page ad and two public hearings held after
5 P.M. He advised the other ordinance, to regulate construction activities
during the winter, could be executed with action at two regular meetings as
it does not involve provisions in the zoning code. The Commissioners
agreed to have the ordinance to regulate construction activities move forward
as soon as possible with the one involving the ARPB to be coordinated with
other action that requires public hearings after 5 P.M.
C. Finance Director
William Gwynn, Finance Director, presented his report for April, 1993 and
commented that the cash projection indicates there may be a small surplus
at the end of the fiscal year. Comm:. Wa11we moved and Commissioner True
seconded that the report be approved as presented. Roll Call: Comm. Wallace;
AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE.
D. Architectural Review and Planning Board
1. Meeting Dates_,
The meeting dates for May, June and July were announced to be May 26, 1993,
June 30, 1993 and July 28, 1993, all to be held at 9 :00 A.M.
E. Police Report
Chief Schultz presented the police report for the month of April, 1993 and
added as information:. that 'ProbationazysOfficer Inman was terminated on 4/23/93
and that he, himself, had attended a seminar on Hurricane /Disaster prepared-
ness on 4 -4 -93.
F. Construction in Progress in April, 1993.
The report was made a part of the record.
X. Items for Commission Action
A. Engagement Letter for Auditing Services -Ernst & Young
This item was considered at the top of the agenda.
B. Items by Commissioners
There were none.
i
i
XI. Public
There was no comment from the public.
XII. Adjournment
Mayor Koch adjourned the meeting at 10:10 A.M. on a motion to do so
made by Commissioner:Cross-, seconded by Commissioner Wallace,with all voting
in the affirmative.
2 Y-A_ 0
Rita L. Taylo , Town Clerk
INTER - OFFICE MEMORANDUM
TOWN OF GULF STREAM, FLORIDA
OFFICE OF THE TOWN MANAGER
E. SCOTT HARRINGTON ,In J 4
DATE: April 23, 1993
TO: Architectural Review and Planning Board
RE: ARPB File #93 -05; Two -Story Addition to the Lepkanich Residence Under
Construction; 3223 North Ocean Boulevard.
The applicant, Richard Brooks as agent for Gerry and Mary Lepkanich, is seeking
approval to construct a two -story addition on the south side of the residence currently
under construction on a parcel described as the north 201 feet of the south 309 feet of
Lot 4 of the Gulf Stream Ocean Tracts Subdivision. The nature of this request requires
a Site Plan Revision. No other approvals are necessary.
Site Plan Revision
On June 6, 1991, the Town Commission approved a Site Plan application for the home
currently under construction on the subject lot. The final site plan and accompanying
drawings and documents were the result of a series of meetings between Town officials
and the owner's design team. After receiving final Site Plan approval, the owner's
contractor applied for a building permit in August 1991 and began work shortly thereafter.
The proposed addition consists of approximately 1050 square feet of floor area. The first
floor of the addition consists of an unenclosed porch and exposed stairway. The stairs
lead to a second floor guest quarters area which, in addition to the two guest bedrooms
and baths already provided, is to contain two more bedrooms and one bath. The
proposed stair replaces an interior stairway and will provide the only access to the
second floor guest quarters area. The interior stair will be replaced by enlarging the
exercise room on the first floor and enlarging the master bedroom closet on the second
floor.
The proposed addition will be approximately 15 feet wide by 39 feet long. The addition
would reduce the south side setback to under 31 feet but does not require a variance
and would not affect the east or west setbacks.
Architectural Review and Planning Board
ARPB File #93 -05
April 23, 1993
Page 3
offered to reduce the visual impact of the addition. Basically, the applicant believes that
because the addition meets the setback, height and floor area standards as put forth in
the "RS" district regulations section of the Code, the addition should be approved.
During the original review process, the applicant expressed some confusion over what
he believed to be conflicting and redundant provisions in the Zoning Code. In the "RS"
district regulations section of the Code, several maximum and minimum standards are
listed for setbacks, lot coverage, building height, floor area, etc. In addition, the
architectural review section of the Code lists cubical contents and floor area as some of
the standards by which to evaluate structures for compatibility with other structures in the
community. Thus, the applicant contended, there appears to be a "conflict" between the
two sections since they both address the same items.
Having over - lapping provisions does add complexity but it does not create a conflict.
First, the standards listed in the district regulations are limits, not absolutes. They
establish standards such as maximum lot coverage, and minimum setbacks which serve
as boundaries, not points. Thus, one may chose to provide more than the minimum
setback or chose to build less than the maximum lot coverage. Second, no one element
of a site plan can be viewed in isolation. Rather, it is the combination of all elements
together that dictate whether a specific site plan is appropriate, and it is for this type of
review that the site plan and architectural review standards were developed.
The district and architectural review standards no more conflict than do the setback
standards conflict with the lot coverage standards. On most properties, the building
envelop created by the setback standards is far greater than the maximum 25% lot
coverage standard, yet few would argue that the standards are redundant or that one or
the other is unnecessary. Likewise, district standards that may permit a certain structure
size do not conflict with architectural review standards that may require a reduced
structure size to achieve compatibility with surrounding development and the overall
character of the community.
The intent of the district regulations section of the Code is not to direct that buildings be
built to the listed maximum and minimum standards, but to provide a series of
parameters within which an appropriate building configuration can be developed. And
it is the intent of the architectural review standards to assist applicants, the Board and
Commission in determining an appropriate configuration for each site. Thus, the
standards of the two sections must be used together in arriving at an appropriate site
plan design.
Returning to the issue at hand, it is staff's belief that the proposed addition is counter to
the previous discussions and agreements to reduce the size and scale of the home.
Further, although an extensive survey of existing homes in Gulf Stream has not been
conducted, staff believes the subject residence is already one of the five largest homes
Architectural Review and Planning Board
ARPB File #93 -05
April 23, 1993
Page 5
Recommendation
1. Prior to receiving approval, it is recommended the applicant demonstrate that the
home with the proposed addition:
a) Is not visibly excessively dissimilar in relation to other structures in regard
to floor area and cubical contents;
b) Provides sufficient screens and buffers to preserve internal and external
harmony and compatibility with uses inside and outside the property
boundaries;
c) Does not have an adverse impact on adjacent properties; and,
d) Employs a design that is in conformity with good taste, good design, and
in general contributes to the image of the Town as a place of beauty,
spaciousness, balance, taste, fitness, charm, and high quality.
FORM 8B MEMORANDUM. OF- VOTING CONFLICT FOR
COUNTY, MUNICIPALI AND OTHER LOCAL PUBLIC OFFICERS
1451\ \All Ilk%I\4A11 A1111OII SAW \ \ \II 11l ROARMWIINCIL.C7)MMINNIO \,Al ' ill(IRII %. UR IIIMAlI11il
KOCH, WILLIAM F., JR. Town Commission
%LW Nl, %I1nHl �\
lilt IR)ARO, CY)IINCl4 COMMINNmN. AL'I HORII l' OR COM Nil 'I It I 1 IN
H IIH•11 I NrRvr IN A IINII OF:
545 Golfview Drive GA (•n). o COUNTY o GI HER LOCAL AGFNCI
COUNIv
\ASU Of- POI n'It•nLSUxulwsloN.
Gulf Stream Florida 33483 Town of Gulf Stream
%i'F o% U 1111'11 %oil Ol•(•t'RRPn MY POSITION LS:
5 -14 -93 rX ELECFIVE O APPOINII %'F
WHO MUST FILE FORM 88
This form 1, for use by any person yen in,_ at the county. city, or other local lore] of government on an appointed Ell electc%! ht lard.
council, commission. authority, or committee. It applies equally to members of advisory and non - advisor bodies %%ho are presented
Mill a cotine conflict of interest under Section 112.3143, Florida Statutes.
lour responsibilities under the Imo when faced with a measure in which you have a conflict of interest % %ill cart' greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instruction 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 elccti%c counp. municipal, or other local publi: off ice MUST ABSTAIN from voting on a mea;urc which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure % %hich inure, to the special
gain of a prncipal (other than a goernment agency) by %% horn he is retained.
In either case. you should disclose the conflict:
PRIOR TO THE TOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure or,
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:
1 person holding appointive county, municipal, or other local public office MUST ABSTAIN from %oting on a measure lvhich
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure %%hick inures to the
I special gain of a principal (other than a government agency) by %%hom he is retained.
A person holding an appointive local office olhervise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or %%ritIen conununi :al ion, %% het her
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:
• lbu should complete and file this form (befog 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.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION 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 LOCAL OFFICER'S INTEREST
I. William F. Koch. Jr. , hereby disclose that on
(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
5 -14 -93
(b) The measure before my agency and the nature of my interest in the measure is as follows:
19
, by whom I am retained.
An application for a Special Exception and Site Plan Review to permit
the installation of a construction trailer at 1320•N. Ocean Blvd.,
Gulf Stream, Fl. came before the Town Commission this date. Inasmuch
as the Koch Realty with which I am associated, participated in the
original sale of the property, I am declaring a conflict and did not
vote on the measures.
t
Date File Sig'ri ure
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, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM MB - 141
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