HomeMy Public PortalAbout11/09/1995November 3, 1995
MAYOR: William F. Koch, Jr.
VICE MAYOR: Alan I. Armour
COMMISSIONER: James E. Cross
Joan K. Orthwein
A. Curtis True, M.D.
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON THURSDAY, NOVEMBER 9, 1995 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. Minutes of the Regular Meeting & Public Hearing Held October 6, 1995.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Meeting Dates
1. Regular Meeting & Public Hearing to be held on Friday,
December 8, 1995 at 9 :00 A.M.
2. Regular Meeting & Public Hearing to be held on Friday,
January 12, 1996 at 9 :00 A.M.
3. Date of February, 1996 meeting
VII. Public Requests.
A. Memorial Presentation for William Mayer- Kathleen S. Wallace
VIII. PUBLIC HEARING -Board of Adjustment
A. Applications for Development Approval
1. Randall Stofft, Architect and Richard Mulhern, the contract
purchaser, as Agents for William B. Bradbury, Tetrand
Limited, owner of the property located at 24 Hidden Harbor
Drive, Gulf Stream, F1., legally described as Lot 4 in
Hidden Harbour Estates Subdivision.
a. LAND CLEARING PERMIT -TO permit removal of existing
vegetation and the addition of fill material.
_ b. LEVEL III ARCHITECTURAL /SITE PLAN REVIEW -To permit
construction of a single story dwelling, guest house
and other accessory structures.
C. VARIANCES
(1). To encroach 10' into the required 35' front setback
(2). To encroach 10' into the required 30' rear setback
with the principal structure
(3). To encroach 19' into the required 50' interior side
setback on the east side
(4). To encroach 11' into the required 20' rear setback
with the pool
IX., Reports
A. Town Manager
1. Bi- monthly water consumption
B. Town Attorney
C. Architectural Review & Planning Board
1. Public Hearing to be held on Wednesday, November 29, 1995
at 8:30 A.M.
D. Finance Director
1. Financial Report for October, 1995
E. Police Report for October, 1995
F. Construction in Progress
1. September, 1995
2. October, 1995
November 3, 1995
AGENDA CONTINUED
X. Items for Commission Action.
A. Resolution No. 95 -20; A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AUTHORIZING
(� THE ASSIGNMENT OF THE SOLID WASTE AND RECYCLING COLLECTION
\ / FRANCHISE AGREEMENT FROM COUNTY SANITATION, INC. TO BROWNING -
FERRIS INDUSTRIES OF FLORIDA, INC.; PROVIDING AN EFFECTIVE DATE.
B. Easement Agreement with EBJH Corporation providing access to
to the FIND Property south of Place AuSoleil.'
C. Items by Mayor and Commissioners.
XI. Public.
XII. 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, 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.
n
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMIS-
SION OF THE TOWN OF GULF STREAM ON THURSDAY, NOVEMBER 9, 1995, AT 9:00 A.M.,
IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FL.
I. Call to Order. Vice Mayor Armour called the meeting to order at 9 A.M
II. Pledge of Allegiance. The Pledge of Allegiance was led by Kathleen
W allace at the request of Vice Mayor Armour.
III. Roll Call.
Present and
participating;
Absent with notice:
Also present &
participating:
Alan I. Armour
James E. Cross
Joan K. Orthwein
A. Curtis True, M.D.
William F. Koch, Jr.
E. Scott Harrington
John Randolph
Rita Taylor
William Gwynn
Robert Schultz
Kathleen Wallace
William Lynch
Randall Stofft
Vice Mayor
Commissioner
Commissioner
Commissioner
Mayor
Town Manager
Town Attorney
Town Clerk
Finance Director
Police Chief
Town Resident- Former Comr.
Vice Chairman of ARPB
Agent for Mr. Bradbury
IV. Minutes.
Commissioner Orthwein moved and Commission True seconded that the
minutes be approved as circulated. Roll Call: Comm. Orthwein; AYE, Comm.
Cross; AYE, Comm. True; AYE, and Vice Mayor Armour; AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Town Manager Harrington requested to add Item IX.A.2., Garbage and
recycling pick -up under the Town Manager Reports. There were no objections.
VI. Announcements.
A. Meeting Dates
1. Regular Meeting & Public Hearing to be held on Firday,
December S, 1995 at 9:00 A.M.
2. Regular Meeting & Public Hearing to be held on Friday,
January 12, 1996 at 9:00 A.M.
These announcements were made by Vice Mayor Armour.
3. Date of February, 1996 meeting.
The Town Clerk advised that the regular meeting date for February would be
on Friday, February 9, 1995 at 9 :00 A.M. All were in agreement with this.
VII. Public Requests.
A. Memorial Presentation for William Mayer - Kathleen S. Wallace
Mrs. Wallace was recognized and stated that she wanted to take a few minutes
to remember William A. Mayer, a beloved member of the community for over
30 years who devoted countless hours as a member of the Planning & Zoning
Board, the last several years a Chairman. He was a kind, caring, dedicated
man who represented many traits that comprise Gulf Stream; an excellent
polo player and avid sportsman in all fields; a gentleman always; a loving
husband and father; a concerned volunteer; and a wonderful neighbor and
trusted friend, she said.
Regular Meeting & Public Hearing
Town Commission - November 9, 1995 page 2
Mrs. Wallace then stated that it was with respect and admiration that
she present a photograph to the Town, a copy of the original belonging to
Mrs. Mayer showing Mr. Mayer and other polo players, as a small token of
appreciation for all the love and time that William A. Mayer gave to the
Town..of Gulf Stream.
CVice Mayor Armour accepted the gift with appreciation, adding that Mr.
Mayor would be long rememberd for his contribution to the community.
VIII. PUBLIC HEARING -Board of Adjustment
A. Applications for Development Approval
1. Randall Stofft, Architect and Richard Mulherr)„ the contract
purchaser, as Agents for William Bradbury, Tetrand Limited,
owner of the property located at 24 Hidden Harbor Drive,
Gulf Stream, F1., legally described as Lot 4 in Hidden
Harbour Estates Subdivision.
The Oath was administered to Mr. Stofft, the Agent, by the Town Clerk after
which Mr. Stofft displayed a color rendering of the proposed structure that
had been recommended for approval by the Architectural Review and Planning
Board. He pointed out that this is a long, narrow lot and that they have
placed the bulk of the structure in the area with the greatest depth. He
added that they have held to the required setbacks on this major portion of
the structure and that the setbacks are in line with existing structures
in this subdivision. Mr. Stofft noted that the garage entrances are not
visible from the street in this design.
Vice Mayor Armour asked for comments from the Architectural Review and
Planning Board. William Lynch', Vice Chairman of the ARPB, reported that
the Board had recommended approval of'the Land Clearing Permit, of the
Site Plan that was amended to reflect what is presented at this meeting,
and the variances as requested in that the requested variances met all of
the applicable criteria as established in Section 66 -154 of the Code of
Ordinances. He added that the lot has a unique configuration that poses a
hardship in developing the property using a standard building form.and
orientation to the street. And further, the site plan, building orientation
and surrounding features mitigated any adverse impacts on other properties
that granting the variances might otherwise impose, he said.
Town Manager Harzingt.on reviewed his report, pointing out he had suggested
9 items in the design that could be altered in order for the design to be
more in conformity with the Guidelines. He reported that most of those
had been addressed in the amended design that was recommended by the ARPB.
CMr. Harrington then turned to the matter of the variances advising that
; there are 10 criteria that must be met in justification of a variance. He
felt they could be summed up into three components; uniqueness, hardship
and mitigation. He believed these have been met, citing the reasons given
by the ARPB, and reminded that these are justified in detail in his
report wherein he recommended granting all 4 variance requests.
Vice Mayor Armour read into the record, a letter from Mr. Mulhern thanking
the staff for their help in this project, a letter from the Hidden Harbour
Estates Subdivision Central Committee advising that they had approved
this project and a letter from Attorney Michael Listick to Catherine
Wallace, owner of the property adjacent to the west, questioning the
validity of a hardship in the variance requests and suggesting that she
investigate the possibility of an unfavorable impact on drainage and septic
systems on her property.
Regular Meeting & Public Hearing
Town Commission - November 9, 1995 page 3
Vice Mayor Armour questioned if there had been any contact with Mrs. Wallace
since the ARPB meeting. The Town Clerk advised that she had furnished
Mrs. Wallace a copy of the draft minutes of the meeting and had received
a phone call from her. She advised that Mrs. Wallace was concerned that
she had not been contacted by the Hidden Harbour Estates Committee when they
were reviewing the project. The recommendation of the ARPB was not mentioned
by Mrs. Wallace during this conversation, she said. Town Manager Harrington
Creported that Mrs. Spence was in to review the project and her concern
d was that her seawall not be damaged.
There was no comment from the public.
Vice Mayor Armour cautioned the applicant about damage to the roadway and
vegetation around the road and adjacent properties. Mr. Stofft assured
that care will be taken in this regard.
a. LAND CLEARING PERMIT -To permit removal of existing
vegetation and the addition of fill material.
Commissioner Orthwein moved and Commissioner Cross seconded that the Land
Clearing Permit be granted as requested and recommended by the ARPB. Roll
Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, and Vice
Mayor Armour; AYE.
b. LEVEL III ARCHITECTURAL /SITE PLAN REVIEW -TO permit
construction of a single story dwelling, guest house
and other accessory structures.
Commissioner Orthwein moved and Commissioner Cross seconded that the Level
III Architectural /Site Plan be approved as amended on the drawing bearing
the Receiving Date of October 24, 1995 which was recommended for approval
by the ARPB. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True;
AYE, and Vice Mayor Armour; AYE.
c. VARIANCES
(1). To encroach 10' into the required 35' front setback
(2). To encroach 10' into the required 30' rear setback
with the principal structure
(3). To encroach 19' into the required 50' interior side
setback on the east side
(4). To encroach 11' into the required 20' rear setback
with the pool
Commissioner Orthwein moved that all 4 variances be granted for the follow-
ing reasons: 1). The property has three unique attributes; an irregular
shape due to the turning basin in the adjacent canal dipping into the north-
east portion of the parcel; a shallow depth; and a width that exceeds the
depth. 2). There is a hardship in that although the property has over
26,000 sq. feet of dry land area, the unusual shape and dimensions make
siting a home very difficult. When applying the required setbacks, the
buildable area becomes much smaller and highly irregular in shape in
comparison to a lot of the same size that has a standard configuration.
A 2 story configuration could meet the required setbacks but the bulk
of the building would have to be located in the western one -third of the
property, creating an unbalanced site plan with the orientation of the
home to the street being unusual and different than surrounding properties,
as the eastern half of the property would function as the "back yard" instead
of the side yard. 3). The impacts of the Variances will be mitigated
with there being a Town -owned wildlife sanctuary across the street, commonly
held open -space property adjacent to the east, and a separation by the,
canal and land to the north of over 150 feet. Commissioner True seconded
the motion. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True;
AYE, and Vice Mayor Armour; AYE.
Regular Meeting & Public Hearing
Town Commission- November 9, 1995 page 4
IX. Reports.
A. Town Manager
1. Bi- monthly water consumption
Mr. Harrington called attention to the report that had been circulated and
pointed out that water consumption has been reduced by 12.5% from last
year and reduced 28.35% from the base year 1988 -1989. He noted that there
Chas been a constant reduction over the past year and the reduction has been
the greatest in the single family home catagory.
2. Garbage & Recycling Pick -up
The Town Manager reported that many of the residents are placing their
garbage and recycling material at curbside. He reminded that the Town pays
a considerable sum to have back door service rather than curbside,.not only
as a convenience for the residents but also to avoid having debris and
empty containers standing atcurbside all day. He stated that he was planning
to contact each resident that placed these materials at curbside in an
effort to correct the problem. Mr. Harrington then asked the Commissioners
if it was their desire to have him pursue this or just let everyone do
whatever they wanted to. The Commissioners were unanimously in favor of
having back door pick -up for everyone and enforcing compliance.
B. Town Attorney
Attorney Randolph had no report but did mention that there had been new
property rights legislation and advised that if anyone wanted the detail
on this, they could obtain same from either Mr. Harrington or himself.
C. Architectural Review & Planning Board
1. Public Hearing to be held on Wednesday, November 29, 1995
at 8:30 A.M.
This announcement was made by Town Manager Harrington.
D. Finance Director
1. Financial Report for October, 1995
William Gwynn, Finance Director presented his report and pointed out that
there is still $173,554 in invested funds to last until the first tax check
is received, which is expected within the next two weeks. He further
pointed out that the revenue from licenses is shown as $5,717.70 which is
much greater than can be expected in future months as the bulk of the
license revenue is received in the first part of the fiscal year. Mr. Gwynn
advised that $115,000 had been transferred from invested funds in October
to supplement revenues, which is expected at this time of year. In closing,
he noted that a negative revenue figure of $10,712 is reflected but added
that this is not a matter of concern since it is only the first month of
the new fiscal year and no tax revenue has been received as yet. Commissioner
True moved and Commissioner Orthwein seconded that the report be accepted
as presented. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True;
AYE, and Vice Mayor Armour; AYE.
E. Police Report for October, 1995
Chief Robert Schultz presented his report of police activity for October, 1995
and added that a new all terrain vehicle had been purchased for beach
patrols.
F. Construction in Progress
1. September, 1995
The report reflected there to be $7,678,661 worth of construction in progress
in September, 1995.
2. October, 1995
There was $8,097,031 worth of construction in progress during the month
of October, 1995 according to the report.
Regular Meeting & Public Hearing
Town Commission- November 9, 1995 page 5
X. Items for Commission Action.
A. Resolution No. 95 -20; A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AUTHORIZING
THE ASSIGNMENT OF THE SOLID WASTE AND RECYCLING COLLECTION
FRANCHISE AGREEMENT FROM COUNTY SANITATION, INC. TO BROWNING-
FERRIS INDUSTRIES OF FLORIDA, INC.; PROVIDING AN EFFECTIVE DATE.
CCommissioner Orthwein moved and Commissioner True seconded that Resolution
No. 95 -20 be adopted. The motion was made after the Resolution had been
read by title by the Town Clerk. There was no comment from the public.
Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, and
Vice Mayor Armour; AYE.
B. Easement Agreement with EBJH Corporation providing access to
the FIND Property south of Place Au Soleil.
Town Manager Harrington stated that the property south•of Gulf Stream On U.S.
Highway -'One had been sold and somehow during the process the easement
that the town had across the property had been dropped from the title. He
advised that the execution of the document under consideration at this time
will once again provide access to the FIND property from the south. Commis-
sioner Orthwein moved that the Mayor and Town Clerk be authorized to
execute the easement agreement with EBJH Corporation. The motion was
seconded by Commissioner Cross. Roll Call: Comm. Orthwein; AYE, Comm.
Cross; AYE, Comm. True; AYE, and Vice Mayor Armour; AYE.
C. Items by Mayor and Commissioners.
Vice Mayor Armour complimented Town Manager Harrington on the publication
of the recent "Currents ".
XI. Public.
William Lynch, President of the Place Au Soleil Homeowners Assoc.,
was recognized. Mr. Lynch stated that the motor home that has been
parked in violation on Indigo Point is still there and he questioned the
status of the matter. He was advised that the owner had attempted to
purchase housing for the unit outside of town but had been unable to do so,
and now the owner is investigating the possibility of screening the unit
on his own property. Mr. Harrington asked Mr. Lynch to meet with him
in an effort to jointly work together to have this violation corrected.
Mr. Lynch also questioned what could be done to control the noise from
wave runners in the small canals. Attorney Randolph advised this was a
difficult problem to solve and that other municipalities are struggling
with the same problem. He suggested that Mr. Harrington get with him
and they would attempt to draft some type of regulation,adding that
enforcement would be another problem. Mr. Harrington indicated he would
speak with the property owners engaged in this activity.
CXII. Adjournment.
Vice Mayor Armour adjourned the meeting at 9:55 A.M. on a motion to
do so made by Commissioner True that was seconded by Commissioner Cross
with all voting in the affirmative to do so.
i'I'L ,
Rita L. Taylor, To Clerk
NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL
NOTICE IS HEREBY GIVEN that the Architectural Review and Planning
Board of the Town of Gulf Stream will hold a Public Hearing on Wednesday,
December 27, 1995 at 8:30 A.M., and the Town Commission, sitting as the
Board of Adjustment, will hold a Public Hearing on Friday, January 12,
C1996, at 9:00 A.M., both in the Commission Chambers of the Town Hall, 100
Sea Road, Gulf Stream, Florida, at which the following will be considered:
An application for a Special Exception and a Level III Architectural/
Site Plan Review, submitted by F. Michael Steffens, architect, as
agent for Robert and Caron Dockerty, owners of the property located
at 3000 N. Ocean Blvd., Gulf Stream, Florida, which is legally
described as P1 of Gulf Stream Properties S ly 47.33 ft of Lt 40 &
N '54.62 ft of Lt 41, to permit the construction of a single -story
addition to the northwest corner of the existing dwelling, consisting
of a master bedroom suite of 808 square feet and a covered patio
containing 183 square feet. The addition is proposed to match an
existing wall line, which extends approximately 4 feet into the
required 15 foot minimum side setback along the north side property
line.
The Architectural Review & Planning Board shall make a recommendation to the
Town Commission, and the Town Commission shall make a final decision regard-
ing the subject application at their respective meetings noticed above.
These meetings may be adjourned from time to time and place to place as may
be necessary to hear all parties and evidence.
Complete application materials are on file in the office of the Town Clerk
located at 100 Sea Road, Gulf Stream, Florida 33483 and may be reviewed
during regular business hours which generally include non- holiday weekdays
from 9:00 A.M. to 4:00 P.M.
ALL PARTIES INTERESTED IN THIS MATTER may appear before the Architec-
tural Review and Planning Board and the Town Commission of the Town of Gulf
Stream at the times and place aforesaid and be heard.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITEC-
TURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT TO ANY
MATTER CONSIDERED AT THESE MEETINGS, 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: December 6, 1995
TOWN OF GULF STREAM, FLORIDA
74A /�1�
Rita L. Taylor
Town Clerk
A M E N D E D
NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL
THIS NOTICE AMENDS AND SUPERSEDES THE PREVIOUS NOTICE OF
HEARINGS TO BE HELD TO CONSIDER THE APPLICATION FOR IMPROVEMENTS
TO THE PROPERTY LOCATED AT 998 PELICAN LANE, GULF STREAM, FLORIDA.
NOTICE IS HEREBY GIVEN that the Architectural Review and Planning
CBoard of the Town of Gulf Stream will hold a Public Hearing on Wednesday,
November 29, 1995 at 8:30 A.M., and the Town Commission, sitting as the
Board of Adjustment, will hold a Public Hearing on Friday, December 8,
1995, at 9:00 A.M., both in the Commission Chambers of the Town Hall, 100
Sea Road, Gulf Stream, Florida, at which the following will be considered:
An application for a Special Exception and a Level III Architectural/
Site Plan Review, submitted by Everett H. Jenner as Agent for Sydnor
and Suzanne Speer, owners of the property located at 998 Pelican Lane,
Gulf Stream, Florida, which is legally described as the North 79.40
feet of the East 133.0 feet of Lot 25 Model Land Company's'Subdivision
of Section 9, Township 46 South, Range 43 East, Palm Beach County,
Florida, to permit the construction of a one story addition, consist-
ing of 328 square feet, to the existing non - conforming guest house
that encroachs 10.7 feet into the required 25 foot minimum rear set-
back. The proposed addition would extend the existing line of the
guest house and maintain the same 10..7 foot encroachment as that of
the existing guest house.
The Architectural Review & Planning Board shall make a recommendation to the
Town Commission, and the Town Commission shall make a final decision regard-
ing the subject application at their respective meetings noticed above.
These meetings may be adjourned from time to time and place to place as may
be necessary to hear all parties and evidence.
Complete application materials are on file in the office of the Town Clerk
located at 100 Sea Road, Gulf Stream, Florida 33483 and may be reviewed
during regular business hours which generally include non - holiday weekdays
from 9:00 A.M. to 4:00 P.M.
ALL PARTIES INTERESTED IN THIS MATTER may appear before the Architec-
tural Review and Planning Board and the Town Commission of the Town of Gulf
Stream at the times and place aforesaid and be heard.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITEC-
TURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT TO ANY
MATTER CONSIDERED AT THESE MEETINGS, SAID PARTY WILL NEED A RECORD OF THE
PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S.
Dated: November 17, 1995 TOWN OF GULF TREAM, FLORIDA
Rita L. Taylor
Town Clerk