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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