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HomeMy Public PortalAbout02/13/2004NOTICE 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 February 26, 2004 at 8:30 A.M., and the Town Commission will hold a Public Hearing on March 12, 2004 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 submitted by Everett Jenner, agent for Hewlett & Sheree Kent, owners of the property located at 520 Middle Road, Gulf Stream, Florida, legally described as Lot 19 and Part of Lot 20, Gulf Stream Cove Subdivision for the following: 1. SPECIAL EXCEPTION to permit construction of unenclosed covered porches that exceed the maximum FAR by 248 square feet. 2. SPECIAL EXCEPTION to permit an addition to a structure with existing nonconforming setbacks that encroaches 11.5 feet into the total of the side setbacks. 3. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit minimal demolition and the construction of a single story 2,399 sq. ft. addition to an existing one story Bermuda style dwelling at 520 Middle Road in Gulf Stream. The Architectural Review and Planning Board shall make a recommendation to the Town Commission, and the Town Commission shall make a final decision regarding the subject application at the 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. The 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. O ALL PARTIES INTERESTED IN THESE MATTERS may appear before the Architectural 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 ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE 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: February 9, 2004 TOWN OF GULF STREAM, FLORIDA Rita L. Taylor Town 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 February 26, 2004 at 8:30 A.M., and the Town Commission will hold a Public Hearing on March 12, 2004 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 submitted by Roy Simon, agent for Philip Lee, owner of the property located at 4227 County Road, Gulf Stream, Florida, legally described in metes and bounds In Government Lot 2, Section 34, Township 45 south, Range 43 east in Gulf Stream, Florida for the following: 1. SPECIAL EXCEPTION to permit additions, consisting of a total of 675.8 square feet, that encroach 51into the north side setback and a maximum of 3.25' into the front setback, to an existing single family dwelling with nonconforming setbacks. 2. SPECIAL EXCEPTION to permit installation of air conditioning equipment for a structure on property that is less than 13,000 square feet in size, that would encroach 3' into the rear setback. 3. LAND CLEARING PERMIT to clear area of construction. 4. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a single story addition on the rear and a small extension on the front, a total of 675.8 square feet, and a new roof on an existing nonconforming single story dwelling. The Architectural Review and Planning Board shall make a recommendation to the Town Commission, and the Town Commission shall make a final decision regarding the subject application at the meetings noticed above. These meetings may be adjourned from O time to time and place to place as may be necessary to hear all parties and evidence. The 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 THESE MATTERS may appear before the Architectural 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 ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE 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: February 10, 2004 TOWN OF GULF STREAM, FLORIDA - J4 /fz��KL Rita L. Taylor, own Clerk February 6, 2004 MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Fred B. Devitt III Robert W. Hopkins II William A. Lynch C REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, FEBRUARY 13, 2004 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 of January 9, 2004. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. Regular Meeting & Public Hearing 3 -12 -04 @ 9 A.M. 2. Regular Meeting & Public Hearing to be decided for April 3. Regular Meeting & Public Hearing 5 -14 -04 @ 9 A.M. 4. Regular Meeting & Public Hearing 6 -11 -04 @ 9 A.M. 5. Regular Meeting & Public Hearing 7 -0 -04 @ 9 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1.An application submitted by Manuel Farach, as Agent for Donald Hedberg, the owner of property located at 700 Wrightway, Gulf Stream, Florida, which is legally described as Lot 1, H. V. Pope Subdivision. a. VARIANCE to allow a boatlift to remain that is attached to a dock rather than the seawall which is in violation of Section 66- 369(6)f, and which was installed without a permit being applied for. b. VARIANCE to allow a dock that was installed without obtaining a building permit, a 12' long portion of which exceeds the maximum permitted width of 5' as provided in Section 66- 369(6)b., by 212 ". (This request was withdrawn by applicant on 1- 22 -04) C. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to allow to remain, a nonconforming dock and a nonconforming boat lift which were installed without a permit being issued. VIII. Reports. A. Town Manager 1. Boat Docking /Mooring B. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 2 -26 -04 @ 8:30 A.M. b. Regular Meeting & Public Hearing 3 -25 -04 @ 8:30 A.M. c. Regular Meeting & Public Hearing 4 -22 -04 @ 8:30 A.M. d. Regular Meeting & Public Hearing 5 -27 -04 @ 8:30 A.M. e. Regular Meeting & Public Hearing 6 -24 -04 @ 8:30 A.M. f. Regular Meeting & Public Hearing 7 -22 -04 @ B:30 A.M. AGENDA CONTINUED Page 2 C. Finance Director 1. Financial Report for January 2004 2. Bi- monthly water usage D. Police Chief 1. Activity for January 2004 IX. Items for Commission Action. A. Resolution #004 -02; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, URGING THE FLORIDA LEGISLATURE TO MODIFY THE MANNER IN WHICH FLORIDA'S CONSTITUTION CAN BE AMENDED IN A MANNER SO AS TO DISCOURAGE EXCESSIVE AMENDMENTS TO THE STATE CONSTITUTION; PROVIDING THAT A COPY OF THIS RESOLUTION BE PROVIDED TO THE MEMBERS OF THE PALM BEACH COUNTY LEGISLATIVE DELEGATION, THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES; PROVIDING AN EFFECTIVE DATE. B. Items by Mayor and Commissioners. X. Public. XI. 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. F.S.S. 286.0105 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, FEBRUARY 13, 2004 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 A.M. Ii. Pledge of Allegiance. Koch. C' III. Roll Call. IV The Pledge of Allegiance was led by Mayor Present and William F. Koch, Jr Participating: Joan K. Orthwein Fred B. Devitt III William A. Lynch Absent With Notice: Also Present and Participating Robert W. Hopkins II William Thrasher Garrett Ward Rita Taylor ar Meetina of commissioner Lyncn movea ana commissio the minutes be approved as circulated and all Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Police Chief Town Clerk ry 9, 2004. er Devitt seconded that voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. Town Manager Thrasher requested to add Item IX.C. Sewer Extension. There were no objections. The Town Manager recommended to defer Item VII to the March 12th meeting. He referred to a letter requesting the postponement that was hand delivered on February 9, 2004, from Attorney Farach, agent for the applicant. There were no objections. Commissioner Devitt moved and Commissioner Lynch seconded to defer the application to the March 12th meeting. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. VI. Announcements. A. Regular Mee 1. Regular 2. Regular J3. Regular 4. Regular 5. Regular tings and Public Meeting & Public Meeting & Public Meeting & Public Meeting & Public Meeting & Public Hearings Hearing Hearing Hearing Hearing Hearing 3 -12 -04 @ 9 A.M. to be decided for April 5 -14 -04 @ 9 A.M. 6 -11 -04 @ 9 A.M. 7 -09 -04 @ 9 A.M. Mayor Koch announced these dates. Town Clerk Taylor asked that a date be decided for the April meeting. The meeting date was set for April 8th VII. PUBLIC HEARING. A. Applications for Development Approval Regular Meeting & Public Hearing Town Commission February 13, 2004 Page 2 1. An application submitted by Manuel Farach, as Agent for Donald Hedberg, the owner of property located at 700 Wrightway, Gulf Stream, Florida, which is legally described as Lot 1, H. V. Pope Subdivision. a. VARIANCE to allow a boatlift to remain that is o attached to a dock rather than the seawall which is in violation of Section 66- 369(6)f, and which was installed without a permit being applied for. b. VARIANCE to allow a dock that was installed without obtaining a building permit, a 12' long portion of which exceeds the maximum permitted width of 5' as provided in Section 66- 369(6)b., by 212 ". (This request was withdrawn by applicant on 1- 22 -04) C. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to allow to remain, a nonconforming dock and a nonconforming boat lift which were installed without a permit being issued. This item was deferred until March 12, 2004. VIII. Reports. A. Town Manager 1. Boat Docking /Mooring Town Manager Thrasher explained that he observed two boats that are docked perpendicular to the seawall, which is prohibited in the Code. He reminded the Commission that docks and docking has been referred to Urban Design Studio for a recommendation and is seeking direction as to enforcement actions in lieu of this. Mr. Thrasher added that Urban Design Studio has not made a recommendation regarding dock regulations as yet. Commissioner Devitt disclosed that he had spoken with Mr. Jones regarding their boat. Town Manager Thrasher asked if there were any more exparte communications to declare. There were none. Mayor Koch and Commissioner Devitt believed it would be better to wait for the report from Urban Design Studio before issuing a Notice of Violation. Commissioner Devitt added that Urban Design Studio should consider that the boats docked parallel at the end of a canal more venerable to boat wakes than boats docked perpendicular facing the intracoastal. Town Clerk Taylor reminded that the Architectural Review and Planning Board did not recommend a Code change for boat docks but the Town Commission wanted it to go to Urban Design Studio for a recommendation. Mayor Koch was concerned that if perpendicular docking is allowed, J precedence may each side would be set for future applications. be impacted, especially if the He felt canal is the neighbors on narrow. Commissioner Devitt added that Urban Design Studio should consider that the boats docked parallel at the end of a canal more venerable to boat wakes than boats docked perpendicular facing the intracoastal. Town Clerk Taylor reminded that the Architectural Review and Planning Board did not recommend a Code change for boat docks but the Town Commission wanted it to go to Urban Design Studio for a recommendation. Regular Meeting & Public Hearing Town Commission February 13, 2004 Page 3 Commissioner Devitt moved and Commissioner Orthwein seconded to wait on the report from Urban Design Studio before issuing a Notice of Violation. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Orthwein; AYE, and Mayor Koch; AYE. O Mr. Jones, a resident owning one of the boats in question, added that he would much prefer to have his boat sideways because it is aesthetically pleasing and it is also a necessity. He added that the waves coming off the intracoastal break over his dock and he believes it is very dangerous. Mr. Jones offered that another option would be to install a boatlift but it would detract from the view. B. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 2 -26 -04 @ 8:30 A.M. b. Regular Meeting & Public Hearing 3 -25 -04 @ 8:30 A.M. c. Regular Meeting & Public Hearing 4 -22 -04 @ 8:30 A.M. d. Regular Meeting & Public Hearing 5 -27 -04 @ 8:30 A.M. e. Regular Meeting & Public Hearing 6 -24 -04 @ 8:30 A.M. f. Regular Meeting & Public Hearing 7 -22 -04 @ 8:30 A.M. Mayor Koch announced these dates. C. Finance Director g. Financial Report for January 2004 Mr. Thrasher asked that the financial report be approved as submitted, if there were no questions, and there were none. Commissioner Devitt moved and Commissioner Lynch seconded to approve the financial report. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Orthwein; AYE, and Mayor Koch; AYE. 1. Bi- monthly water usage Commissioner Devitt asked if there have been any comments on the new water rates. The Town Manager said there were none. This item was made a part of the official record. D. Police Chief 1. Activity for January 2004 Chief Ward asked that the report be accepted as submitted if there were no questions, and added that with regard to reports of recent burglaries by boat, an officer is patrolling the intracoastal finger canals periodically. Chief Ward stated that the boat is loaned to the Town by Lieutenant Allen and is docked at a resident's home. J IX. Items for Commission Action. A. Resolution ##004 -02; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, URGING THE FLORIDA LEGISLATURE TO MODIFY THE MANNER IN WHICH FLORIDA'S CONSTITUTION CAN BE AMENDED IN A MANNER SO AS TO DISCOURAGE EXCESSIVE AMENDMENTS TO THE STATE CONSTITUTION; PROVIDING THAT A COPY OF THIS RESOLUTION BE PROVIDED TO THE MEMBERS OF THE PALM BEACH COUNTY LEGISLATIVE DELEGATION, THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES; PROVIDING AN EFFECTIVE DATE. Town Clerk Taylor read Resolution No. 004 -02 by title. Regular Meeting & Public Hearing Town Commission Page 4 February 13, 2004 Mayor Koch asked if there were any comments. There were none. Commissioner Lynch moved and Commissioner Orthwein seconded to adopt Resolution No. 004 -02. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. ^ B. Items by Mayor and Commissioners. ry There were none. C. Sewer Extension. Town Manager Thrasher reported that the Gulf Stream Homeowners Improvement Association is requesting permission to extend the existing sewer line an additional 200 feet south on the east side of Gulf Stream Road, in order to connect with the home under construction on the north- west corner of Gulf Stream Road. The Town Manager stated that according to engineering and health department studies, the extension is possible and the Australian pine trees would not be disturbed. Mr. Thrasher added that there are a number of incomplete records regarding lift stations that have not been finalized and he believes that this is due to the lack of organization in the Homeowners Improvement Association. He recommended that the Certificate of Occupancy for the new house requesting sewer be held until the past records are complete. Mr. Thrasher stated that he had spoken with a neighbor to the east who is concerned that the Australian pine trees along the front of their property would be disturbed. Mayor Koch stated that final approval for extending the sewer line could not be granted until the location of the lines is resolved between the Town and the Sewer Association. Mr. Souaid, owner of the property at 3410 Gulf Stream Road explained that he started to install a septic tank on the property but he could only dig down a couple feet because of the rocks and he would have to remove two more banyan trees to accommodate the larger drain field. He added that his Certificate of Occupancy should not be held up because of other residents open permits. Mr. Souaid stated that he had spoken with the neighbor on the east side and they had no objections to the installation of the sewer line. The Commission agreed that more structure is needed in the Association and decided to invite Mr. O'Neal to discuss implementing a policy in 1 this regard at the March 12th meeting. Commissioner Orthwein commented that the sewer line was not intended to extend so far into the Town and now it is getting larger and there is no firm management. Commissioner Devitt moved and Commissioner Orthwein seconded to approve the sewer extension of an additional 200 feet in order to connect to the house at 3410 Gulf stream Road with the following conditions: 1) All required permits and approvals from other agencies, especially Palm Beach County Heath Department and the City of Boynton Beach, be obtained prior Regular Meeting & Public Hearing Town Commission Page 5 February 13, 2004 to commencing. 2) Record drawings of the installation from Banyan road to 3410 Gulf Stream Road are submitted to the Town prior to issuance of a Certificate of Occupancy at 3410 Gulf Stream Road. 3) As built drawings of lift station installations that have not been provided shall be submitted to the Town prior to issuance of Certificate of Occupancy for O 3410 Gulf Stream Road. 4) Location of the line to access the property shall be approved by Town Manager. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. X. Public. There were no comments from the public. XI. Adjournment. Commissioner Lynch moved and Commissioner Devitt seconded to adjourn the meeting at 10:05 A.M. with all voting in the affirmative. Yv ne E. Eckert, CMC Deputy Town Clerk J PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Commission of the Town of Gulf Stream, Florida, at a public hearing to be held on Thursday, April 8, 2004, at 9:00 A.M., in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, will have on the agenda the adoption of the following: ORDINANCE NO. 03/14; AN ORDINANCE OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 22 OF THE TOWN CODE OF ORDINANCES RELATING TO NUISANCES BY AMENDING ARTICLE 1 TO INCLUDE A NEW SECTION 22 -3 RELATING TO UNLICENSED AND ABANDONED VEHICLES; PROVIDING FOR SEVER - ABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. The proposed ordinance noticed here is available to the public at the Town Hall, 100 Sea Road, Gulf Stream, Florida. ALL PERSONS INTERESTED IN THESE MATTERS may appear before the Town Commission at the time and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC HEARING, 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. Publish: Palm Beach Post Date: March 26, 2004 TOWN OF GULF STREAM, FLORIDA `Pji v /- 7 : W � Rita L. 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