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.
Dated: May 16, 1994 TOZ7N OF GULF STREAM, FLORIDA
Publish: Palm Beach Post Rita L. Taylo , Town Clerk
Date of Publication: May 19, 1994
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