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HomeMy Public PortalAbout07/13/1993 * Special MeetingJuly 6, 1993 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONER: James E. Cross A. Curtis True, M.D. Kathleen S. Wallace SPECIAL MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION/ BOARD OF ADJUSTMENT OF THE TOWN OF GULF STREAM ON TUESDAY, JULY 13, 1993 AT 9:00 A.M. IN THE COI+IMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Announcements A. September meeting dates for 2 Budget Public Hearings V. PUBLIC HEARING A. Variances 1. Mr. Jeffrey L. Thompson, J.L. Thompson Architects, Inc., Agent for Villa d'Este, 2665 N. Ocean Blvd., Gulf Stream, Florida- Construction of a pump room with related fire suppression equipment which would extend 19.35' into the required 41.75' north side yard setback at the address aforementioned. 2. Paul Monaghan of Shamus Corp., Agent for Mr. & Mrs. James Walton, 3512 Oleander Way, Gulf Stream, F1. -To permit the installation of pool equipment which would extend 18.5' into the required 25' setback adjacent to Banyan Road. VI. Site Plan Review A. Mr. Jeffrey L. Thompson, J.L. Thompson Architects, Inc., Agent for Villa d'Este, 2665 N. Ocean Blvd., Gulf Stream, Florida - Construction of a pump room with related fire suppression equipment to replace an existing storage room. B. Paul Monaghan of Shamus Corp., Agent for Mr. & Mrs. James Walton, 3512 Oleander Way, Gulf Stream, F1.- Installation of pool equipment adjacent to Banyan Road and installation of vinyl siding on the existing structures of a color other than that which is currently there. VII. Presentation of Annexation Study VIII. Adjournment SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION /BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING AND PUBLIC HEARING, SAID PARTY WILL NEED A RECORD OF -THE PROCE- EDINGS 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. SPECIAL MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON TUESDAY, JULY 13, 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 Armour led the Pledge of Allegiance III. Roll Call. Present and William F. Koch, Jr. Mayor Participating: Alan I. Armour Vice Mayor James E. Cross Commissioner A. Curtis True, M.D. Commissioner Kathleen S. Wallace Commissioner Also Present E. Scott Harrington & Participating: Rita Taylor Jeffrey Thompson Paul Monaghan Lawrence Stahl Stewart Iglehart Michael Gelfand IV. Announcements. Town Manager Town Clerk Agent for Villa d'Este Agent for James Walton Board Member - Ballantrae Resident - Ballantrae Attorney for L'Hermitage A. September meeting dates for 2 Budget Public Hearings. The Town Clerk reminded that two public hearings would be neces- sary in September for adoption of the 1993 -1994 budget, and they must be held after 5:00 P.M. She advised she had spoken with Finance Director Gwynn and the staff is recommending that the regular meeting date of September 10, 1993 be changed to Monday September 13, 1993 at 4:00 P.M., and that the first public hearing for the budget also be held on September 13, 1993 at 5:01 P.M. The members of the Commission unanimously agreed to this. The Clerk then suggested that the second public hearing be held on Tuesday, September 21, 1993 at 5:01 P.M. The members of the Commission also unanimously agreed on this public hearing date. Mayor Koch then questioned when the October meeting would be. The Clerk replied that the regular date is October 8, 1993 at 9:00 A.M. Commissioner Wallace advised that she would not be available at that time. It was tentatively agreed that the October meeting would be held on Friday, October 15, 1993 at 9:00 A.M. and that it would be confirmed at a later meeting when everyone had an opportunity to check their calendars. V. PUBLIC HEARING A. Variances 1. Mr. Jeffrey L. Thompson, J.L. Thompson Architects, Inc., Agent for Villa d'Este, 2665 N. Ocean Blvd., Gulf Stream, Florida- Construction of a pump room with related fire suppression equipment which would extend 19.35' into the required 41.75' north side yard setback at the address aforementioned. Mr. Jeffrey Thompson presented a display of site drawings which showed the entire parcel of land and all existing improvements, and the proposed structure. He explained that recent fire inspections had revealed that the buildings did not have adequate fire suppression equipment to meet the codes and it is necessary to install a pump and wet standpipe. Mr. Thompson said that there was no room in the garage and the existing tool shed was not large enough to house this equipment. He added that placing the pump at any other location on the site would ruin the aesthetics, Special Meeting & Public Hearing Town Commission -July 13, 1993 page 5 Commissioner Armour stated he is undecided at this point as to who benefits from the proposed annexation when additional expense is incurred in bring- ing this about. He noted that in annexing the three applicants, 59 voters would be added and $90,000 in income but with the expense of doing so un- known at this time. Lawrence Stahl, an officer and member of the Board of Directors of CBallantrae was recognized. He stated that they wanted to annex to improve the fire and emergency medical services and to have timely police response. He went on to advise that they would want to know in advance if there would be an additional expense incurred as a result of mandates from the fire department and requested that they receive a meaningful fire inspection in advance. Mr. Stahl also voiced a concern as to what impact the annexation would have on the zoning status of the development, since there currently is no zoning in the Gulf Stream Code that would cover the development as it now exists. He felt future taxes should offset any annexation costs. Mayor Koch felt that the interested parties should make a formal application spelling out the concerns such as Mr. Stahl had mentioned and then they would be considered by the Commission. Mr. Stahl questioned exactly what type of application they are requesting. Town Manager Harrington advised that at present the code does not provide for a process and procedure for annexations. He felt that if this is the direction the Commission wants to go, he should work with Attorney Randolph to develop same and then bring it back to the Commission for approval. He indicated that appropriate fees for applications would be a part of it. Commissioner Wallace stated she had no objection to considering annexation of individual parcels on a case -by -case basis (voluntary) but not until residents return in the fall. Stewart Iglehart of Ballantrae was recognized and stated that he had no doubt that in the future the "pocket" would be forced into either Boynton Beach or Gulf Stream and that if Gulf Stream were to annex those now placing the request, it would be a first move which would then eliminate Boynton Beach from consideration. Michael J. Gelfand, Attorney representing the L'Hermitage, was recognized and expressed on behalf of his clients, their desire to be annexed to the Town of Gulf Stream. He believed that with the location of the property being adjacent to Gulf Stream on two sides, it makes it a prime candidate for annexation and a good stepping stone to the other properties in the future if the Town so desired. He believed that L'Hermitage meets all State Crriteria and that they share the same values as those property owners in Gulf Stream. Mr. Gelfand stated that his clients want to be good neighbors, and have been good neighbors thus far. As such, he offered that they are willing to pay whatever fees would be involved with the annexation of the L'Hermitage. The members of the Commission agreed that no further consideration be given to the matter of annexation until such time as most residents have returned for the season, at which time the Town Manager is authorized to work with Attorney Randolph to develop a process and procedure for annexations, including a fee structure, which will then be presented to the Commission for approval. There was no formal motion made regarding this matter. Special Meeting & Public Hearing Town Commission -July 13, 1993 page G VIII. Adjournment Mayor Koch advised that before he closed the meeting, Commissioner True had asked for time to discuss two items. Commissioner True reported that he had been asked by two of his neighbors to once again pursue the matter of extending the private sewer system. He stated that he had Cbeen convassing the neighborhood and is sending out a letter to each property owner on Polo Dr., Palm Way, Middle Road West and Golfview Drive, a copy of which he distributed. Commissioner True then stated that he would like to make a motion to authorize the Town Manager to provide a projected budget by month and line item for the 1993 -1994 fiscal year. He added that this need not be presented immediately but should be available prior to the start of the new fiscal year, October 1, 1993. The other Commissioners had no objection to this and the Mayor believed a motion was not necessary for this to be done. Mayor koch adjourned the meeting at 10:50 A.M. following a motion to do so made by Commissioner True which was seconded by Commissioner Wallace with all voting in the affirmative. ?/JJ Rita L. Taylor, own Clerk FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICER'S i I ysl %MI I IRS I "Sli M111011 \AMT \A \II III- HI) ARU.(' OIIN ('11.(T)MMISSION.nl'iil()HII1.l IHlUAIAflllll KOCH, WILLIAM F., JR. Town Commission Vw 1m, milk , IHI HOARD.('OIINCII_C'OMMISS10 %. AM HUR171'(1R('OMMI't'III M "IM 'If I XI'RVF IS A VNI'1 OF: 545 Golfview Drive ar ('n) o COUNTY ❑ OF TIER LOCAL AOFN( 1 n1 conNiY s.-yMl of 1'cn n1('nt.suxurvlsulN. Gulf Stream Florida 33483 Town of Gulf Stream 11 P 0% 11 lllt'll %011 OCCI RRFO MV POSn'10515: ! 7 -1 i -94 l$ ELECTIVE ❑ API'OIN1I \'F WHO MUST FILE FORM 8B Thi, faro; 1, for use by all% person set in__ at 1110 count), cit>. or 011ie: local level or gmernmeni on an a; pointed o: elected board. COUnCil, commission. authorint or committee. It applies equally to members of advisory and non•adyisor> bodies w his arc presented with a voting conflict of interest under-Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest w ill van greatly depending ml whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the ro%crsc side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding cicctile count). municipal. or other local public office MUST ABSTAIN from Toting on a ntca :urc which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inure to the special gain of a rrincipal (other than a government agency) b} whom he is retained. In either case. you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicl> staling to the assembly the nature of your interest in the measure on which %ou 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: "�I'person holding appointive county, municipal, or other local public office MUST ABSTAIN from Toting 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. A person holding an appointive local office otherwise 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 written communisation, w hether 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 rile 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 cops of the form should be provided immediately to the other members of the agency. . _._ - — — ___�._.. u:.1.. .....k. .................. ,., Hr ,k...,.. u. ,n ,ok:Hk ,.m, kno. o ..Horn.., nr in,.rnn 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 1, William F. Koch, Jr. , hereby disclose that on ju I W 1 '1 , 1 9 9 7 , 19 ta) A measure came or will come before my agency which (check one) umred to nth special private ,gain: or xinured 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. An application for a variance to permit pool equipment to be installed in the setback area at 3512 Oleander Way, Gulf Stream, F1. and for a site plan review to permit installation of vinyl siding on the existing dwelling at the same address was acted upon. I declared a conflict in that Koch Realty, with which I am affiliated, participated in the recent sale of the property to the current owner, James Walton. 7 -13 -93 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, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000. NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL Mr. Delma W. Swilley of Del Swilley, Inc. as agent for Mr. William T. Young, the owner of real property located at 2411 N. Ocean Boulevard, Gulf Stream, Florida, has submitted an application for an AlA Vegetative Disturbance Permit to permit the addition of twenty four (24) inches to the height of an existing wall. The alteration of the wall is proposed to consist of adding twenty four (24) inches to the height of an existing masonry privacy wall along the east side of AlA at the address stated herein, which would result in the finished height being seven (7) feet Six (6) inches as measured from the outside of the wall. 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 July 28, 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 perties and evidence. The Town of Gulf Stream Town Commission will consider the subject application at its meeting on August 20, 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: July 7, 1993 TOWN OF GULF STREAM, FLORIDA Rita L. Taylor, wn Clerk PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on Wednesday, July 28, 1993 at 9:00 A.M. and the Town Commission, sitting as the Board of Adjustment, will hold a Public Hearing on Friday, August 20, 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 John P. Rossi, 2586 Avenue Au Soleil, Gulf Stream, Florida 33483, requesting a variance from the provisions of the Code of Ordinances of the Town of Gulf Stream, Chapter 66; ZONING, Article VI.; DISTRICT REGULATIONS, Division 2.; RS SINGLE - FAMILY RESIDENTIAL DISTRICT, Section 66 -205; Lot coverage and floor area ratio. to permit the addition of a study to an existing single family dwelling at the address stated herein that would increase the lot coverage to four thousand seventy one (4,071) square feet, which would be eight hundred twenty one(821) square feet over the three thousand two hundred fifty (3,250) square foot maximum that is permitted by the Zoning Code. The legal description of this property is Lot 28, Place Au Soleil. 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 ARCHITECTURAL 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: July 7, 1993 Publish: Palm Beach Post TOWN OF GULF STREAM, FL. Date of Publication: July 18, 1993 �4- `Q August 4, 1993 ( !� August 14, 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. PUBLIC HEARING Amf-A k NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on Wednesday, July 28, 1993 at 9:00 A.M. and the Town Commission, sitting as the Board of C Adjustment, will hold a Public Hearing on Friday, August 20,1993 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 John P, Rossi, 2586 Avenue Au Soleil, Gulf Stream, Florida 33483, requesting a variance from the provisions of the Code of Ordinances of the Town of Gulf Stream, Chapter 66; ZONING, Article VI.; DISTRICT REGULATIONS, Division 2.; RS SINGLE - FAMILY RESIDENTIAL DISTRICT, Section 66 -205; Lot coverage and floor area ratio. to permit the addition of a study to an existing single family dwelling at the address stated herein that would increase the lot coverage to four thousand one hundred eighty seven.(4,187) square feet', that being nine hundred seventy (970) square feet over the three thousand two hundred seventeen (3,217) square foot maximum that is permitted by the Zoning Code. The legal description of this property is Lot 28, Place Au Soleil. 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 ARCHITECTURAL 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: July 23,1993 CPublish: Palm Beach Post TOWN OF GULF STREAM, FL. Date of Publication: August 4, 1993 August 14, 1993 2, L- Rita L. 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