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Home My Public Portal About11/05/1986COMMISSIONERS Wniam F AOCb. Jr. Mayor Alan I Armoua Vice Mayor Role', J D.non Bnan Pleiller James E Cross TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA AGENDA PLANNING AND ZONING BOARD NOVEMBER 5, 1986 1. Roll Call. 2. Approval of Minutes: September 3, 1986 3. Site Plan Review. Mr. and Mrs. Rocco Auti. Single family residence, Lot 3L. 2570 Ave Au Soleil. Meets setbacks. 4. Site Plan Review Glenside Development Inc. Boca Raton Single family residence, Johnson sub - division (Driftwood Landing) Meets setbacks 5. Board Members Comments. 6. Comments from the public. 7. Adjournment. 9"tt� MAIL ADDRE!IC. 100 SEA ROAD GULF STREAM, FLORIDA 33444 TEL GULF STREAM 2765116 Town Manager WILLIAM E. GWYNN Asslslant Town Manager Town Clerk BARBARA GWYNN Chief of Polhce JAMES GREER TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS William F Koch, Jr.. Mayor Alan I Armour, Vice Mayor Robert J. Dlxson PLANNING AND ZONING BOARD Brian Mollie, James E Crass MINUTES November 5, 1986 MAIL ADDRESS 100 SEA ROAD GULF STREAM, FLORIDA 33444 TEL.! GULF STREAM 2165116 Town Manager WILLIAM E. GWYNN Assistant Town Manager Town Clerk BARBARA GWYNN Chief of Police JAMES GREER Meeting called to order at 9:00 a.m. by Chairmen William A. Mayor, who presided at the meeting. 1. Roll Call Present: Thomas Brandt William A. Mayor, Chairman James T. Skelly, Jr. Lawrence Stahl Absent: Charles E. Eaton, Vice - Chairman Also Present: Barbara &jynn, Town Clerk Lou Sessa, Code Enforcement Officer 2. Upon motion duly made and seconded, the minutes of the September 3, 1986 meeting were approved. 3. Site Plan Review: Mr. and Mrs. Rocco Auti, Lot 32, #2570 Avenue Au Soleil. Application denied. Applicant required to submit new plans. 4. Site Plan Review: Glenside Development, Inc. Johnson sub - division (Driftwood Landing). After discussion with concerned residents Mesdames Wallace and Dougherty and Messrs. Eckberg and Thompson and the builder of the proposed residence, Mr. Saelinger, the Board, on motion duly made and seconded, moved to refer this application to the Town Attorney for a legal opinion to determine if Driftwood landing deed restriction rules apply in this instance. If the Driftwood landing deed restrictions do apply in this instance, the Board will proceed on that basis. If the Driftwood Landing deed restriction rules do not apply in this instance, then, with the agreement between the residents and the builder to Planning and Zoning Board November 5, 1986 Page 'Ilan eliminate any windows on the west side of the second story and to turn the house so that the rear faces west, the Board would consider approval of the application. There being no further business to come before the Board, the meeting was adjourned on motion made and seconded, at 10:20 a.m. Torn Clerk i DfRS. NV. L. I.YONS BROWN ASRBOURNE IiARROnS CREEK, KENTUCKY 40027 15021 228 -1445 13051 276 -5819 October 31, 1986 Mr. William Mayer, Chairman Planning Commission of Gulf Stream Sea Road Gulf Stream, Florida 33444 Dear Mr. Mayer: As the founder of the Driftwood Landing Association and its first President, I wish to be on record with the Gulf Stream Planning Commission as objecting to the proposal of Glenside Developers, Inc. to build a two -story speculative house on the lot in Driftwood Landing formerly owned by Mr. Harold Johnson and later by his step- daughter, Mrs. William Merritt. For your information and that of other members of your Commission, I would like to review that Driftwood Landing was the property of Ashbourne Realty and Land Development Corporation, a corporation under the laws of the State of Florida. The Corporation was owned by my husband, W.L. Lyons Brown, who died January 5, 1973. After his death, the executors of my husband's estate, the First Kentucky Trust Company of Louisville, Kentucky formed the Driftwood Landing Association. Suter 6 O'Brien, Engineers and Surveyors, were engaged to make the plat of lots for the Driftwood Landing Association subdivision recorded in Plat Book 30, Pages 231 and 232 of Public Records of Palm Beach County. Articles of Incorporation of Driftwood Landing Association were executed on August 9, 1974. There is a Declaration of Restrictions for Driftwood Landing which was signed May 8, 1974 and is on file with the law firm of Byrd, Devitt, Otto 6 McKey of Delray Beach, Florida. It states: "The Declaration of Restrictions shall constitute a covenant running with the land and shall be binding upon all persons deriving title and shall be for the benefit of, and limitations upon, all present and future owners of the real property." -2- There are 20 restrictions listed in the Declaration. Among them, No. 3 states: "No building or any part thereof, including garages and covered porches, shall be constructed more than one story in height on any lot or lots fronting or abutting any and /or all canals and the Intracoastal Waterway." In No. 2, it is stated that: "......the owner or occupant of each and every lot, by acceptance of title thereto or by taking possession thereof, covenants and agrees that no building or structure of any kind shall be erected or altered until the plans and specifications, location and plot plan therefor shall have been submitted to and approved by the Grantor and /or Driftwood Larding Association, Inc." ".....Refusal of approval of plans and specifications by such Grantor and /or Association may be based on any ground, including purely aesthetic grounds, which, in the sole and uncontrolled discretion of the Association shall seem sufficient." I point out to the members of the Commission that Mr. Harold Johnson's property has no access at present except through Driftwood Landing and the East cul -de -sac. When O'Brien & Suter made the plat of lots for the Driftwood Landing subdivision, the cul -de -sac was, at my direction, placed on the land so that the circle would give access to the property of Mr. Johnson. This property then benefitted from the drainage system and the new roads which were paid for by Ashbourde Realty and Land Development Corporation. The bank and I have on file all of the documents to substantiate these statements. It is important to note that in the minutes of the Driftwood Landing Association of November 19, 1977, record is made that Mr. Harold Johnson owned two lots in Driftwood Landing and is eligible for membership and, therefore, was proposed and elected to membership, in the Driftwood Landing Association. In accepting membership, his property is then subject to all the restrictions binding upon other properties in Driftwood Landing. I understand that Glenside Developers will have to obtain a permit from the Gulf Stream Planning Commission before they can build. I respectfully -3- urge you to deny a permit for a two -story house in accordance with the above restrictions. All previous builders of houses have complied with the Driftwood Landing Association restrictions and have submitted their plans for approval by the Association. I will be in Delray Beach on the 18th of November and would welcome the opportunity to answer any questions. In the meantime, I am at my Kentucky residence. Sincer ly yours, Eta- $LL Mrs. W.L. Lyons Brown DELRA x- BOYNT6, BEACH NEWS- JOURNAL Published Weekly Delray Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALIM BEACH Before the undersigned authority personally appeared John M. Delia who on oath says that he /she is Publisher of The Delray Beach and Boynton Beach News. Journal, a weekly newspaper published at Delray Beach in Palm Beach County, Florida: that the attached copy of advertisement, being a Notice tO Residents in the matter of Town of Gulf stream in the Court, was published in said newspaper in the issues of November 13, 1986 Affiant further says that the said Delray Beach and Boynton Beach NeWS- fOUrnaI is a newspaper published at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, each week and has been entered as second class mail matter at the post office in Delray Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement: and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. O Sw to d subscribed before me this 14th day of November A. 1). 19 86 M0'APY PO611C STATE or W)R DA 1 Mt CbMM1SSICM E9P SEPT 27,1788 80M0r^ 'HRO 6EMERAL IMS. UMD, Publish: News Jourml November 13, 1986 &oL Tba rnismAkILccvsTwxDvicf of -atom PBS.}} PA �,y,,.��vwa.,�5 - CAMI pit C4( t'LTVCD L4C%VYC0(T4W 4+1 � _ .ti ia.� Ra.� wti u..t CnAa Q4 OK gxK't- }.NN /�L((.,.�YC1fi