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HomeMy Public PortalAbout05/13/1994May 6, 1994 MAYOR: William F. Koch Jr. VICE MAYOR: Alan I. Armour COMMISSIONER: James E. Cross A. Curtis True Kathleen S. Wallace REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF O THE TOWN OF GULF STREAM ON FRIDAY, MAY 13, 1994,AT 9:00 A.M.,IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes. A. Regular Meeting held April 8, 1994 B. Special Meeting held April 26, 1994 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements A. Date of June meeting -June 10, 1994, at 9 A.M. B. Date of July meeting -July 8, 1994, at 9 A.M. C. Date of August meeting- August 12, 1994, at 9 A.M. D. Joint Meeting with Task Force, ARPB & Town Comm. -June 9 at 8 A.M. VII. Applications for Development Approval A. Mr. & Mrs. Gerry Lepkanich, 3223 N. Ocean Blvd. 1. VARIANCE (public hearing) Continued from April 8, 1994. James C. Perry, Architect, as agent requesting approval to construct a tennis court which would extend 5.25' into the required south side yard setback at the location stated above. a. Applicant request to have this item continued to the meeting of June 10, 1994 at which a full commission will be present. B. Mr. & Mrs. Robert Dockerty, 3000 N. Ocean Blvd. 1. AIA VEGETATIVE DISTURBANCE PERMIT Continued from April 8. Daniel H. Carter, Landscape Architect as Agent requesting a permit to remove, replace and add landscaping materials, and to relocate portions of existing driveway within the AlA Historic Corridor at the address stated above. 2. SITE PLAN REVIEW. Michael Steffens, Agent, requesting approval to construct a two story garage /guest house and install a new driveway access at the address stated that is legally described as part of Lot 40 and part of Lot 41 in Gulf Stream Properties Subdivision. C. Mr. & Mrs. Randolph Ely, 3311 Polo Drive. 1. SITE PLAN REVIEW. Eugene Lawrence, Agent requesting approval to convert existing living area to a garage, construct an addition of approximately 1,273 sq. ft. to existing one story dwelling, and install a circular driveway at the address stated above. D. Gulf Stream School Foundation, 360.0 Gulf Stream Road 1. ABANDONMENT of northerly 25' of Oleander Way requested by Conrad DeSantis, DeSantis, Gaskill & Hunston, P.A. as Agent. VIII. Reports. A. Town Manager 1. Bi- monthly Water Use B. Town Attorney C. Finance Director 1. Financial Report for April, 1994 D. Architectural Review and Planning Board 1. Regular Meeting & Public Hearing -May 25, 1994 at 9 A.M. E. Police Report for February, 1994 1. Recommendation RE: Proposed $2 additional fine on criminal violations. F. Construction in Progress in April, 1994 (CONTINUED) Page AGENDA CONTINUED IX. Items for Commission. A. Request for a resolution to support restoration of the old Palm Beach County Courthouse -Save the Old Courthouse, Inc. B. Request for contribution to help fund "Directions'9411- Palm Beach County Municipal League. C. July Meeting Dates for Zoning Code Amendments. D. Resolution No. 94- 5;Vacating and abandoning the northerly 25' of the right -of -way commonly known as Oleander Way as shown on the plat of Gulf Stream Properties No. 2, as recorded' in Plat Book 18, Page 42, Public Records of Palm Beach County, Florida. X. Correspondence. A. Resolutions objecting to the Governor's proposed budget reduction in the Department of Agriculture and Consumer Services within the Division of Forestry which would result in the elimination of all Urban Foresters statewide. 1. #94 -19; Village of Royal Palm Beach 2. #23 -94; City of Lake Worth B. Resolution No. 28 -94 supporting proposed changes to the Consultants Competitive Negotiation Act process which would allow governmental entities to discuss compensation with professional firms covered by CCNA. -City of Lake Worth XI. Public. XII. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION 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. REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MAY 13,1994, AT 9:00 A.M. IN THE COMMIS- SION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. The meeting was called to order at 9:00 A.M. II. Pledge of Allegiance. Pledge of Allegiance was led by Commissioner Wallace. III. Present and GParticipating: Absent with Notice: Also Present & Participating: James E. Cross A. Curtis True Kathleen S. Wallace William F. Koch, Jr. Alan I. Armour E. Scott Harrington Scott Hawkins Rita Taylor Robert Schultz Joan Orthwein Daniel Carter Randolph Ely James Orthwein John Mack Commissioner Commissioner Commissioner Mayor Vice Mayor Town Manager Assist. Town Attorney Town Clerk Police Chief Chairman ARPB Agent for Mr. Dockerty Applicant G. S. School Foundation Property Manager Commissioner True moved and Commissioner Cross seconded the motion that Commissioner Wallace be appointed as Acting Chairman for this meeting in that both the Mayor and Vice Mayor are absent. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE. IV. Minutes. A. Regular Meeting held April 8, 1994. B. Special Meeting held April 26, 1994. Commissioner Cross moved that the minutes of each of these meetings be approved as circulated and Commissioner True seconded the motion. Roll Call for each: Comm. Cross; AYE, Comm. True; AYE, and Acting Chairman Wallace; AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. The Town Clerk requested to add as item IX.E., Resolution 94 -6 directing the Town Manager to submit an application for funds to restore and enhance landscape features within the right -of -way of AlA. There were no objections and it was so ordered. VI. Announcements. A. Date of June meeting -June 10, 1994 at 9 A.M. C' B. Date of July meeting -July 8, 1994 at 9 A.M. C. Date of August meeting- August 12, 1994 at 9 A.M. D. Joint meeting with Task Force, ARPB & Town Comm. -June 9 at 8 A.M. These announcements were made by Acting Chairman Wallace. Commissioner True asked the purpose of the Joint meeting on June 9, 1994 in that he had expected that the Commission would not be involved until such time as the Task Force had a recommendation to give. Mr. Harrington explained that he, the consultant and the members of the Task Force had agreed that it would be prudent to "touch base" with both the ARPB and the Town Commission to let them know in which direction the Task Force was heading rather than have the Task Force complete the entire project only to find that the two bodies involved with the adoption were expecting something entirely different. Regular Meeting & Public Hearing Town Commission -May 13, 1994 page 2 VII. Applications for Development Approval. A. Mr. & Mrs. Gerry Lepkanich, 3223 N. Ocean Blvd. 1. VARIANCE (public hearing) Continued from April B, 1994. James C. Perry, Architect, as agent requesting approval to construct a tennis court which would extend 5.25' into the required south side yard setback at the location C/1 stated above. a. Applicant request to have this item continued to the meeting of June 10, 1994 at which a full commission will be present. Commissioner True moved and Commissioner Cross seconded that the ap- plicant's request be granted and that this item shall be placed on the agenda for July 10, 1994. Roll Call: Commissioner Cross; AYE, Commis- sioner True; AYE, and Acting Chairman Wallace; AYE. B. Mr. & Mrs. Robert Dockerty, 3000 N. Ocean Blvd. 1. AlA VEGETATIVE DISTURBANCE PERMIT Continued from April 8, 1994, Daniel H. Carter, Landscape Architect as Agent requesting a permit to remove, replace and add landscaping materials, and to relocate portions of existing driveway within the AlA Historic Corridor at the address stated above. Mr. Carter advised that the project as presented to the ARPB had shown the driveway to connect with AlA in approximately the same area as the amended drawing he is now showing but with the driveway coming across the property to the southeast corner of the dwelling rather than the circular driveway as shown on this amended plan. He stated that after the ARPB had reviewed the site plan application to add a new garage, etc. in the back yard and connect a driveway from Gulf Stream Road to the driveway that was shown in the front yard, they recommended that the front drive- way not go farther than the southeast corner of the dwelling and that the rear driveway not pass the southwest corner of the dwelling as they felt that the driveway was too close to the south property line as it passes the building. As a result of this recommendation, the Dockertys decided to reconfigure the front driveway into what is now shown on the amended plan, he said. He added that it has also been decided to eliminate some, if not all, of the plantings that were planned for the AlA right -of -way in front of the property and just install sod. Mr. Carter closed by advising the the driveway in the new configuration has been reduced in width to 151. Mrs. Orthwein, Chairman of the ARPB, reported that the board had felt the driveway as it passed the house as originally planned was so close Cto the property line that it could not be properly screened from the ) adjacent property. Commissioner True moved and Commissioner Cross seconded that the Vegetative Disturbance Permit be issued based on the amended drawings bearing the received stamp of the Town of Gulf Stream dated May 4, 1994. Roll Call: Comm. Cross; AYE, Comm. True; AYE, and Acting Chairman Wallace; AYE. Regular Meeting & Public Hearing Town Commission -May 13, 1994 page 3 2. SITE PLAN REVIEW. Michael Steffens, Agent, requesting approval to construct a two story garage /guest house and install a new driveway access at the address stated that is legally described as part of Lot 40 and Part of Lot 41 in Gulf Stream Properties Subdivision. Town Manager Harrington called attention to a letter from Mr. Steffens i� requesting to withdraw without prejudice, the architectural scheme as submitted that was to have been considered at this time. The Town Manager advised that since the ARPB had recommended that the driveway not pass the house on the south side as had been originally planned, the Dockertys wanted to rethink the siting of the garage /guest house in the back yard and return with a different design in the future. Commissioner True moved that the request to withdraw without prejudice the application for a Site Plan Review made by Mr. Steffens be granted. The motion was seconded by Commissioner Cross. Roll Call: Comm. Cross; AYE, Comm. True; AYE, and Acting Chairman Wallace; AYE. C. Mr. & Mrs. Randolph Ely, 3311 Polo Drive. 1. SITE PLAN REVIEW. Eugene Lawrence, Agent requesting approval to convert existing living area to a garage, construct an addition of approximately 1,273 sq. ft. to existing one story dwelling, and install a circular driveway at the address stated above. ARPB Chairman Orthwein reported that the board had recommended that the site plan be approved as presented provided the glass block wall is replaced by a bay window and with the condition that in the event there are changes to the landscape design as a result of installation of a new septic system, a Revised Site Plan be submitted for review. Mr. Ely, in the absence of Mr. Lawrence, displayed the amended drawing which showed a bay window in place of the glass block wall that had originally been planned. He stated that the area that is to be converted to a garage was originally a garage and that there had been a circular driveway at that time which they want to once again install. He noted that the entire driveway, including the existing portion will be of loose stone which will be pervious. Commissioner True moved and Commissioner Cross seconded his motion that the Site Plan be approved as recommended by the Architectural Review and Planning Board. Roll Call: Comm. Cross; AYE, Comm. True; AYE, and Acting Chairman Orthwein; AYE. D. Gulf Stream School Foundation, 3600 Gulf Stream Road. 1. ABANDONMENT of northerly 25' of Oleander Way requested by Conrad DeSantis, DeSantis, Gaskill & Hunston, P.A. as Agent. Town Manager Harrington explained this had been discussed at a pervious meeting when the entire project was considered but that formal action could not be taken until it had been properly advertised. The Town Clerk confirmed that the necessary advertising requirement had been met and that the formal Resolution No. 94 -5 is on the agenda under Items for Commission Action. Acting Chairman Wallace directed that action be taken on Resolution No. 94 -5 at this time. Regular Meeting & Public Hearing Town Commission -May 13, 1994 page 4 Resolution No. 94 -5, A resolution of the Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, vacating and abandoning the northerly 25' of the right -of -way commonly known as Oleander Way as shown on the Plat of Gulf Stream Properties No. 2, as recorded in Plat Book 18,Page 42, Public Records of Palm Beach County, Florida, was read by title by the Town Clerk. Commissioner Cross moved and Commis- sioner True seconded that Resolution No. 94 -5 be adopted. Roll Call: Comm. Cross; AYE, Comm. True; AYE, and Acting Chairman Wallace; AYE. VIII. Reports. A. Town Manager 1. Bi- monthly Water Use. Mr. Harrington called attention to his report and charts which indicated that water consumption for the single family dwelling has increased 3�% over 1988 -1989, the base year while the multifamily and non- residential users have decreased. He added that he had included an article directed to water conservation in the recent newsletter "Currents ". Commissioner True complimented Mr. Harrington on the newsletter as did the other commissioners. B. Town Attorney. There was no report from the Town Attorney. C. Finance Director 1. Financial Report for April, 1994. In the absence of Mr. Gwynn who is ill, the report was presented by the Town Manager. He pointed out that revenues are low in the area of licenses due to some recent changes in State Law, and added that he believes in the very near future, the funds shared with the municipalities from the county will be non - existent. He also addressed the revenue shortfall in fines and explained that magistrates are now handling many of the traffic infractions rather than the judges as previously had been the practice, and that magistrates are electing to charge only court costs in many instances, of which municipalities receive no share. Commis- sioner Cross moved and Commissioner True seconded that the report be approved as presented. Roll Call: Comm. Cross; AYE, Comm. True; AYE, and Acting Chairman Wallace; AYE. D. Architectural Review and Planning Board. Chairman Orthwein advised that the ARPB would have a regular meeting and public hearing on May 25, 1994 at 9 A.M. E. Police Report for April, 1994. Chief Schultz reported that there have been only two burglaries during this past season with both resulting in low financial loss. He added that in both cases the premises were not locked. 1. Recommendation RE: Proposed $2 additional fine on criminal violations. Chief Schultz stated that although recent legislation now gives the opportunity for municipalities to assess convicted criminals $2 ad- ditional on their fines which must be used for law enforcement training, etc., he did not believe that the income from this would even pay for the cost of adopting a resolution in that Gulf Stream has very few criminal convictions. The Commission choose to take no action on this matter. F. Construction in Progress in April, 1994 The report revealed there to be $7,842,432 worth of construction in progress during the month of April, 1994. Regular Meeting & Public Hearing Town Commission -May 13, 1994 page 5 IX. Items for Commission Action. A. Request for a resolution to support restoration of the old Palm Beach County Courthouse -Save the Old Courthouse, Inc. B. Request for contribution to help fund "Directions '94"- Palm Beach County Municipal League. The Commission choose to take no action on either of these items. C. July Meeting Dates for Zoning Code Amendments. C; Town Manager Harrington explained that adoption of ordinances covering home occupations and the suspension of meetings of the ARPB during the month of August that he had been directed to prepare would require public hearings be held after 5:00 P.M. and he asked if the Commission was prepared to establish dates for this during the month of July. Acting Chairman Wallace suggested that adoption of these be delayed until September when the budget hearings that must be held after 5:00 P.M. are held. Everyone was in agreement to this suggestion. D. Resolution No. 94 -5; Vacating and abandoning the northerly 25'of the right -of -way commonly known as Oleander Way as shown on the Plat of Gulf Stream Properties No. 2, as recorded in Plat Book 18, Page 42, Public Record of Palm Beach County, Florida. This resolution was adopted earlier in the meeting. E. Resolution 94 -6; A Resolution of the Town Commission of the Town of Gulf Stream, Florida, directing the Town Manager to submit to the Palm Beach County Metropolitan Planning Organization an application for transportation enhancement projects to restore and enhance landscape features within the right -of -way of State Road AlA in the Town of Gulf Stream, Florida (A State - designated historic and scenic highway) and endorsing same; and requesting the Federal Highway Adminis- tration,Florida Department of Transportation and Palm Beach County Metropolitan Planning Organization to approve said application and appropriate funds accordingly; and providing an:. effective date. Commissioner True moved and Commissioner Cross seconded that Resolution 94 -6 be adopted. Roll Call: Comm. Cross; AYE, Comm. True; AYE, and Acting Chairman Wallace; AYE. X. Correspondence. A. Resolutions objecting to the Governor's proposed budget reduction in the Department of Agriculture and Consumer Services within the Division of Forestry which would result in the elimination of all urban foresters statewide. O 1. #94 -19; Village of Royal Palm Beach 2. #23 -94; City of Lake Worth B. Resolution No. 28 -94 supporting proposed changes to the Consultants Competitive Negotiation Act process which would allow governmental entities to discuss compensation with professional firmscovered by CCNA. -City of Lake Worth All of the above were made a part of the official record. XI. Public. Mr. John Mack, property manager of the property owned by Doreen Porreca at 1465 N. Ocean Blvd. in Gulf Stream. Mr. Mack stated that Regular Meeting & Public Hearing Town Commission -May 13, 1994 page 6 he had leased the property for Mrs. Porreca and had subsequently installed a canvas shelter for the new tenants for two new vehicles they had purchased. He went on to explain that Mrs. Porreca had received a letter from the Town advising this was in violation of the Town Code. He said that he had spoken to the Town Clerk and the Town Manager with regard to obtaining permission to leave the structure in place on a temporary basis as the tenants will only be in residence for 6 months, or obtaining a variance for its existence. Mr. Mack stated he had been told this would not be possible as carports are specifically prohibited in the Code. He advised that the structure cannot be seen as there are 12' walls surrounding the area,and he felt that since the Zoning Code deals with aesthetics, the fact that it can't be seen should be considered. The Commissioners advised Mr. Mack that carports are prohibited and they are not in a position to give permission for something that is prohibited by law. Mr. Mack then indicated that he intended to challenge the ordinance. XII. Adjournment. Acting Chairman Wallace adjourned the meeting at 9:55 A.M. following a motion to do so made by Commissioner True which was seconded by Commissioner Cross with all voting in the affirmative. Rita L. Taylo , Town Clerk EO NOTICE OF ABANDONMENT NOTICE IS HEREBY GIVEN that the Town Commission of the Town of Gulf Stream, Florida, at a Public Hearing held on May 13, 1994 at 9:00 A.M. adopted the following: RESOLUTION #94 -5: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, VACATING AND ABANDONING THE NORTHERLY 25' OF THE RIGHT - OF -WAY COMMONLY KNOWN AS OLEANDER WAY AS SHOWN ON THE PLAT OF GULF STREAM PROPERTIES NO. 2, AS RECORDED IN PLAT BOOK 18, PAGE 42, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. ADOPTED RESOLUTION #94 -5 NOTICED HEREIN is on file and available to the public at the office of the Town Clerk in the Town Hall, 100 Sea Road, Gulf Stream, Florida 33483. 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