The URL can be used to link to this page

Home My Public Portal About09/07/1988COMMISSIONERS WILLIAM F. KOCH, JR,, Mayor ALAN I. ARMOUR, Vice Mayor JAMES E. CROSS JAMES T. SKELLY, JR. LAWRENCE E. STAHL TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA MAIL ADDRESS 100 SEA ROAD GULF STREAM, FLORIDA 33483 TEL.: GULF STREAM (407) 2785118 Town Manager WILLIAM E. GWYNN Assistant Town Manager -Town Clerk BARBARA GWYNN Chief of Police JAMES GREER PLANNING AND ZONING BOARD DATE: SEPTEMBER 7, 1988 9 A.M. AGENDA COMMISSION CHAMBERS Please be advised that if a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The Town does not provide or prepare such a record. 1. Roll Call. 2. Approval of Minutes, July 6, 1988 3. FINAL SITE PLAN REVIEW - Mr. and Mrs. Timothy J. Farris 3649 N. Ocean Blvd Garage addition 4. VARIANCE REQUEST - Mr. Tom Walsh 1709 North Ocean Blvd Garage with a second story guest house facilities. 5. PRELIMINARY SITE PLAN REVIEW - Mr. and Mrs. Jim Sherman 915 Emerald Row Construct a boat dock on lot 63 -925 Emerald Row (vacant lot) 6. Board Member Comments. 7. Comments from the public. 8. Adjournment. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS MAIL ADDRESS 100 SEA ROAD WILLIAM F. KOCH, JR., Mayor GULF STREAM, FLORIDA O34SO ALAN I. ARMOUR, Vice Mayor PLANNING & ZONING BOARD MEETING TEL.: GULF STREAM JAMES E. CROSS N071 2785115 JAMES T. SKELLV, JR. LAWRENCE E. STAHL MINUTES Town Manager WILLIAM E. GWYNN September 7, 1988 Aeelelawt Town Manager-To GWYNNwn Clerk Chief of Police JAMES GREER The meeting was called to order at 9:00 a.m. by William A. Mayer, Chairman. 1. Roll Call Present: William A. Mayer, Chairman Charles E. Eaton, Vice - Chairman (Mrs.) Joan Orthwein, Board Member Also present: Barbara Gwynn, Town Clerk Richard Brandt, Code Enforcement Officer Mr. Thomas Walsh Mr. J. Sherman Mr. Boyer, Attorney for Mr. Walsh Mr. Williams, Attorney for Mr. Oren Absent: William Lynch, Board Member 2. Minutes On motion duly made and seconded the Minutes of the July 6, 1988 meeting were approved. 3. Final Site Plan Review - Mr. and Mrs. Timothy J. Farris, 3649 N. Ocean Blvd. Request for a garage addition. All requirements having been met the Board approved this request on motion duly made and seconded. 4. Variance Request - Mr. Tom Walsh, 1709 N. Ocean Blvd. Garage with second story guest house facilities. Objection entered by adjacent neighbor Mr. Oren (1723 N. Ocean Blvd.),the Board suggested to the parties present that they attempt to work out the problem between themselves (and Mr. Oren). No action was taken. 5. Preliminary Site Plan Review - Mr, and Mrs. J. Sherman, 915 Emerald Row Construct a boat dock on lot 63 -925 Emerald Row (vacant lot) Mr. Sherman presented a letter and an Agreement from the Place Au Soleil Homeowner's Association containing conditions of use of said dock. Mr. Sherman signed the Agreement in the presence of the Board and a Notary and Planning and Zoning Board Meeting September 7, 1988 Minutes Page Two 5. (continued) Mrs. Sherman will also sign the Agreement. The Board approved this request subject to the execution of the Agreement and subject also to the approval of the adjacent property owners, on motion duly made and seconded. There being no further business the meeting was adjourned at 9:40 a.m. Town Clerk TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA IOMMISS10NERS MAIL ADDRESS 100 SEA ROAD VILLIAM F. KOCH, JR. Mayor GULF STREAM, FLORIDA %LAN I. ARMOUR. Vice Mayor PLANNING AND ZONING BOARD MEETING 33483 AWRENCE E. STA HL TEL. GULF STREAM 2765116 AMES T. SKELLY, JR. MINUTES AMES E. CROSS Town Manager WILLIAM E. GWYNN MARCH 2, 1988 Assistant Town Manager-Town Clerk BARBARA GWYNN Chief of Police JAMES GREER The meeting was called to order at 9 a.m, by William A. Mayer, Chairman. 1. Roll Call Present: William A. Mayer, Chairman Thomas E. Brandt William Lynch (Mrs.) Joan Orthwein Absent: Charles E. Eaton, Vice - Chairman Also Present: (Mrs.) Barbara Gwynn, Town Clerk Richard Brandt, Code Enforcement Officer Robert Federspeil, appearing for Mr. and Mrs. Farris Mark Marsh, appearing for Mr. Sheehan Mr. Sherwood Sheehan Mr. Brian Pfeifler 2. Minutes On motion duly made and seconded the minutes of the February 3, 1988 meeting were approved. 3. Site Plan Review and Variance Request. Mr. and Mrs. T. Farris, 3649 Ocean Blvd. Gulf Stream Ocean Tracts, Lots 8 and 9, garage and roof. After examination of plans and pictures and close scrutiny with Attorney Federspeil on property lines and there being no objection by neighbors all of whom had been notified and one of whom was present, Mr. Brian Pfeifler, the Board approved the variance request and instructed the parties involved continue to pursue the needed adjustment of the property lines. It was also noted that on the s/s of the property a variance would have been required to place a new roof on the existing archways. The Board approved this request in order to preserve this unique entrance to the patio bandshell area. 4. Site Plan Review Request to construct a single family residence. Mr. Tom Walsh, Lot 1, 100' N. 668' S of Gulf Stream Ocean Tracts. Town Commission Meeting March 11, 1988 Minutes Page Two rH 5 Police Report (continued) replace the signs they removed was taken under advisement. Notinq that this is a serious situation Mayor Koch said the Town will attend the meetinqs on Intracoastal Regulations. Planning and Zoning Board Report 1. Site Plan Review and Variance Request Mr. and Mrs. Tim Farris, 3659 North Ocean Blvd. Request to reduce the north sideyard setback from the required fifteen feet or fifteen percent to five feet in order to construct a garage between two existing structures and to add a new roof to existinq archways and patio on the s/s of the property. On motion duly made and seconded the Commission accepted the recommendation of the Planning & Zoning Board to approve the north sideyard setback variance. On motion duly made and seconded the Commission accepted the recommendation of the Planning & Zoning Board to approve the addition of a roof to the existing structure. 2. Site Plan Review Mr. Tom Walsh, Lot 1, Gulf Stream Ocean Tracts. Request to construct a single family residence. On motion duly made and seconded the Commission approved the recommendation of the Planninq & Zoning Board. No variance is required. 3. Site Plan Review Mr. Sheehan, McLouth sub. Lots 11, Ila and 12. Request to remodel and construct addition to an existinq residence at 1420 North Ocean Blvd. Mr. Mayer reported that no variance is required; that the structure is not being changed at all and that Planninq & Zoning has seen the landscaninq plans. On motion duly made and seconded the Commission approved Mr. Sheehan's request. 6. Report on the Sewer Project In order to give everyone a chance to be heard, hear Mr. Butkus first. Mr. Butkus outlined the available. He then spoke to the time and costs possible methods of financing, both private and Mr. Butkus than answered questions from the Comi and general discussion ensued. Mayor Koch proposed the meeting problem and the solutions of the various solutions and of public. nissioners and the audience `$1 �I I I � 1 34 1� COMMISSIONERS WILLIAM F KOCH. JR., Mayor ALAN I ARMOUR, VIC@ Mayor JAMES E CROSS JAMES T SKELLY. JR. LAWRENCE E STAHL TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA August 31, 1988 RE: Variance request- Garage and Guest Facilities. Dear MAIL ADDRESS 100 SEA ROAD GULF STREAM, FLORIDA 33493 TEL.: GULF STREAM M0n:76511e Torn Manage, WILLIAM E. GWYNN Aaalabnl Torn Managar.TOwn Clark BARBARA GWYNN Ohal of P011Ca JAMES GREER It has Come to my attention that two variances are required concerning the Walsh residence at 1709 North Ocean Blvd. Legal 10 -46 -43 N. 100 Ft of S 668 Ft. of Gov Lot 1 E. of North Ocean Boulevard. A notice was mailed on August 22, 1988 regarding a front yard setback requirement from 109' to 71', with the addition of thirty feet to the center of AIA in order to construct a garage. The second is a request to add a second floor to the garage for guest facilities. The Town Code requires guest facilities shall not occupy more than 1/20 of a lot, nor exceed 700 square feet. Mr. Walsh is requesting an additional 392 square feet in excess of 700 square feet making a total of 1,092 square feet guest facility. The Planning and Zoning Board will hear this request on Wednesday, September 7, 1988 at 9 a.m. and the Town Commission will conduct a public hearing on September 9, 1988 at 9 a.m. Both meetings are held at the Gulf Stream Town Hall, 100 Sea Road - Gulf Stream. I have enclosed additional information, if you have any questions, please do not hesitate to contact me incerel 1\ Barbara Gwynn Town Clerk Encl: TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS MAIL ADDRESS WILLIAM F ROCK, JR. AI 100 SEA ROAD ALAN I ARMOUR. VILA MAyW GULF STREAM, FLORIDA JAMES E CROSS JAMES T SKELLY. JIM GUL TEI.: GULF g7gEAM N: SSTR LAWRENCE E STAHL August 22, 1988 TownMAn&I WILLIAM E. GWYNN AAAIAIAnt Torn MAnASAr -TOrn C4M SARSAAA GWYNN ORIAI of ROIICA NOTICE TO RESIDENTS TOWN OF GULF STREAM JAMES GREER THE FOLLOWING VARIANCE HAS BEEN REQUESTED PURSUANT TO SECTION VII -R.S. RESIDENTIAL SINGLE FAMILY DISTRICT J -1 FRONT YARD REQUIRED. A request to reduce the front yard setback requirement from one hundred nine feet (109') to seventy one feet (7l').;,-yith the addition of thirty feet to the center of AIA which will meet the seventy eight feet requirement on AlA. The request for a variance as it relates to Section VII.J.1. of the Gulf Stream Zoning Code. Required Front Yard in residential Single Family District states that there shall be a Front Yard not less than Twenty Five (251) feet in depth or Twenty Five (251) Percent of the Lot Depth, whichever is greater.... Nothwithstanding these provisions the setback distance along AlA Right of Way shall be at least Seventy Eight (78') Feet from the Center Line of Said Right of Way. Property located at 1709 North Ocean Boulevard, Lot 1, Section 10, Township 46 South Range 43 East, Lying East of Ocean Boulevard. The Town of Gulf Stream Planning and Zoning Board will review this request at its regular meeting on Wednesday, September 7, 1988 at 9 A.H., Gulf Stream Town Hall, The Town Commission sitting as the Board of Adjustment will conduct a public hearing at 9 A.M. Friday, September 9, 1988 at the Gulf Stream Town Hall, 100 Sea Road. All interested parties will be given an opportunity to be heard. Barbara Gwynn Town Clerk NORTH 18 August 1988 TOWN OF GULFSTREAM 248 Sea Road Gulfstream, Florida 33444 RE: Tom Walsh Residence To Whom It May Concern: We are submitting the following request for a variance to the Town of Gulfstream, as it relates to Section VII.J.1 of the Gulfstream Zoning Ordinance - Required Front Yard in residential single family district. This section states "There shall be a front yard not less than twenty five (25') feet in depth or twenty five (25 %) percent of the lot depth, whichever is greater... Notwithstanding these provisions the setback distance along AIA Right of Way shall be at least seventy eight (78') feet from the center line of said Right of Way." The Walsh residence is currently under construction at 1709 North Ocean Boulevard. The request for a variance is a result of re- locating the proposed detached garage. Original'approval was for a two car garage located across the motor court, opposite the hou ;e. After further consideration it is Mr. Walsh's feeling that given his concern for security of his automobiles, particularly during extended travel periods a third garage bay is necessary. This could not be accomodated in the original location. In relocating the garage structure it was necessary to avoid conflict with the septic tank system that had alreadybeen installed. Thus its proposed relocation is as far eastward as permissible resulting in a maximum front setback. We have addressed the following questions from the Variance Application. a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. 8132 West Glades Road • Boca Raton, Florida 33434 • (305) 487 -4904 Page 2 The depth of the lot is dispropotionate to its narrow width, though if surpasses the minimum 20,000 square foot lot area with an area of approximately one acre. The actual lot dim- ensions are approximately 438.93' in depth by 102' in width, resulting in front and rear yard setbacks that far exceed the minimums established in the code. b. That the special conditions and circumstances do not result from the actions of the applicant. The lot was pre - existing, platted by others. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by the Zoning Code to other lands, buildings, or structures in the same Zoning District. The proposed setback far exceeds all minimum front yard setbacks set forth in the code with the exception of that created by the excessive depth'of the lot. d. That a literal interpretation of the provisions of the Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same Zoning District under the terms of the Zoning Code and would work unnecessary and undue hardship on the applicant. Literal interpretation of the code sets minimum standards which would permit locating this structure 20 feet closer to AlA if the lot wgre the minimum permitted dimensions. e. That the grant of the variance will be in harmony with the general intent and purpose of the ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Granting of this variance is in harmony with the intent of the code as it exceeds established minimums relating to the health, safety and welfare of the public. f. That the variance granted is the minimum variance that will make Possible the reasonable use of the land, building or structure. This is a minimum variance as the stucture is as far east as possible. g. That no non - conforming use of neighboring lands, structures or buildings in other districts, and no permitted "use of land, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. Page 3 Request for a variance is based upon lot dimensions, not that of other properties in the Town. We respectively submit this variance request to you and look forward to its favorable approval. If you should have any further questions or comments, please feel free to contact this office. Sinc ly, NORT OUTH .CONSTRUCTION CORP. i Rhon a Shepherd Harrell, AIA I cc: Tom McMurrain Tom Walsh flood profiles, as well as the flood hazard boundary - floodway map and the water surface elevation of the base floor. 73. Floor. The 'top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top.of wood flooring in wood frame construction. The term does not include the floor of ■ garage used solely for parking vehicles. (Ord. No. 87 -3, S. 1, 5- 15 -87). 74. Floor Area, Minimum. The area of the floor measured from the outside of the exterior walls to the centerline of dividing walla; not to include garages, carports, open porches, open breezeways, or store rooms, or screened -in porches, or basements. 75. Frontage. All.the property on one.side.of a street or place between two intersecting streets or places measured along the line of the street or plscio or if the street or place is dead anded,.then all of the property abutting on one side between an intersecting street or place and the dead end of the street or place. 76. Garage. A building or space used as an accessory to or a part of a main building permitted in any residence district, and providing for the storage of motor vehicles and in which no business, occupation or service for profit is in any way conducted. 77. Grade. a. For buildings adjoining one (1) street, the elevations of the sidewalk at the center of the wall adjoining the street. b. For buildings adjoining more than one (1) street, the average of the elevations of the sidewalk at the centers of all walla Adjoininq streets. c. For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building. 78. Ground Coverage. Be* Lot Coverage. 79. Guest House... An accessory building used exclusively for housing mewbelra of the family occupying the principal dwelling or their non- paying guests. 'The guest house ahall not occupy more than one - twentieth (1/20). of the lot (but not to exceed seven hundred (700) square feet of land area) on which it is situated, and shall 'comply with the zoning district regulations applicable.for the principal building. o_.._,. E C. E F G. free from other uses 'except those compatible with and convenient to a district. Permitted Uses. 1. Single Family Dwellings. Accessory Uses. which are both the residents of such 1. Private garages, swimming pools, spas and hot tubs, cabanas and saunas, greenhouses, tennis courts, utility buildings, gazebos, guest houses, and any other similar uses. Special Exceptions. I. Temporary use of a construction trailer, as a temporary accessory use only during construction or pre- construction phases. Said temporary use shall be permitted only by approval of the Town Commission for a period of six (6) months, with renewable terms, shall not exceed five hundred (500) square feet, and shall be removed prior to the issuance of a certificate of occupancy for the development or construction upon which the temporary use is located. Prohibited Uses. 1. No person shall use any portion of a building in this district for the purpose of carrying on or practicing any profession, business, occupation or calling. Any such use is hereby declared to be a violation of the provisions of this Ordinance. 2. Time Sharing Uses. 3. Any other use not specifically permitted. Parking Regulations. 1. Where a lot is occupied by a single family residential dwelling, there shall be provided accessible parking space on the lot or land parcel, enclosed garage area, adequate to accommodate two (2) cars for each one dwelling unit for the resident or occupant. Unenclosed or outdoor guest parking may be permitted in addition to the required resident spaces. Building or Structure Height Limit. 1. No building or structure shall exceed two and one -half (2 1/2) stories, or thirty -five (35') feet in height. Said height shall be measured from the point of first floor base flood elevation. Page -23- F �R F5 n n r 'i�• ry 1 n • t 0 ! T cl ~ ^ i 3w$� F �R F5 n n r 'i�• ry 1 n • t 0 ! 18 August, 1988 Town of Gulfst Planning Dept. 246 Sea Road Gulfstream, FL RE: DOCK AT LOT DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. ARCHITECTS AND PLANNERS 124 N.E.5TH AVENUE, DELRAY BEACH, FL 33444 305- 278 -1388 Dear Planning Board: PLACE AU Our client's have purchased lot #64 just recently, however when they visited the site at low tide, it became evident that they could not moor their boat at their lot, due to the fact that there is insufficient water depth. They have now purchased lot #63 and would like to build a dock at this location as the depth of water with th� new wooden dock allow sufficient draft for their boat. They will place a hedge along the edges of this lot and maintain it. They are requ sting a variance from the section g. Paragraph h. from the Plan ing Board to build a dock on lot #63 and moor their boat at sai dock. As will be seen Ifrom the plan the foot path from the new pool deck passed over oth lots. At no time will Should lot #63 the dock will lot. Rind regards. Yours sincerely, DIGBY BRIDGES, MA Digby C Bridges, person be living on the said boat. ar be sold they will stipulate in the deed that be allowed unless a residence is placed on the & ASSOCIATES, P.A. C AA pl. Bons., AIA, RIBA ARTICLE II. WATERCRAFT* SECTION 8-21. USE AS RESIDENCE. No boat or vessel shall be used or maintained within the Town as a place of residence or for sleeping or living purposes. For purposes of this SECTION, a "place of residence or for sleeping or living pur- poses" shall mean the occupation of a vessel for a period greater than twenty -four (24) consecutive hours. (Ord. No. 79 -2, §5, 5- 10 779) *Editors note - Article II of Chapter 8 of this Code as originally adopted consisted of Ord. No. 72 -2 and Ord. No. 114. Ord. No. 72 -2 (sections 8 -21 - 8 -27) are deleted as superseded by Ord. No. 78 -3, codified by the editor as §19 -16 et seq. Ord. No. 114, (section 8 -28) has been redesignated as §10 -1 by the editor. SECTION 8-22. PERMIT REQUIRED FOR DOCKING. No boat or vessel in excess of eighteen (18) feet shall be docked within the waters in or adjacent to the Town for a period in excess of three (3) days unless the owner or person in control thereof shall first register the vessel with the Town Manager. No permit shall be issued for the docking of any such vessel if the docking facilities provided therefor are inadequate to protect the public health, safety and welfare, nor shall any such permit be issued for a period in excess of one year. In no event shall any vessel be docked at other than a dock accessory to a residence. (Ord. No. 79 -2, 5- 10 -79; Ord. No. 80 -2, §2, 3- 14 -80) SECTION 8-23. ANCHORING OR MOORING. No boat or vessel shall be moored or anchored within the Town for a longer period than twenty -four (24) hours in any consecutive thirty - day period. This SECTION shall not apply to the permanent docking of boats or vessels to piers which are accessory uses to residential dwelling units within the Town if the vessel is owned by the owner of the residential dwelling unit of which the pier is an accessory use or said vessel is owned by a guest of the owner of the residential dwelling unit and accessory dock facility to which the vessel is attached. (Ord. No. 79 -2, §2, 5- 10 -79; Ord. No. 80 -2, §1, 3- 14 -80) SECTION 8-24. MAIN =ANCE RESTRICTIONS. It shall be unlawful for the owner of any boat within the waters of the Town of Gulf Stream, or any person under his supervision and direction to perform any heavy maintenance on said boat within the Town other than the normal day -to -day maintenance required to maintain said vessel and any maintenance of an emergency nature. Heavy main- tenance shall include but not be limited to overhauling, installing, rebuilding or repairing of engines and other work which may be in the -806- Rev. 11/1/87 COMMISSIONERS WILLIAM F KOCH. JR., Mayor ALAN I ARMOUR, Vlce Mayor JAMES E CROSS JAMES T SKELLY, JR LAWRENCE E. STAHL TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA August 29, 1988 Robert A. Dittman, Esq. 501 East Atlantiv Avenue Delray Beach, F1 33483 Dear Mr. Dittman: We have received a copy of your August 16 memorandum to the directors of the Place Au Soleil Association, Inc. We are sorry to learn of your concern relating to the recent action of the Commission on the matter discussed in your memorandum. We are confident that you understand that the Commission acted in good faith on this matter. Because the plans, as finally submitted, did not include a separate entry, it was the opinion of the Commission that the plans met the terms of the Town's Zoning Code. MAIL ADDRESS 100 SEA ROAD GULF STREAM, FLORIDA 33483 TEL.: GULF STREAM (407) 275.5116 Town Manager WILLIAM E. GWYNN Assistant Town Manager -Town Clark BARBARA GWYNN Chief of Police JAMES GREEK Please understand that the assistance and the recommendations of the Place Au Soleil Association, Inc. are appreciated by the Town. The suggestions are very helpful, and in many instances, are heeded by both the Planning and Zoning Commission and the Town Commission. Although the Place Au Soleil Association, Inc. is not an official body of the Town, its assistance in the past has been appreciated. We would hope that the fact that the Planning and Zoning Commission and the Town Commission do not agree with or accept every suggestion made by the Association would not deter the Association from continuing with its activities in aid of the Town of Gulf Stream. Thank you. Very trul, ( I L W�L Barbara Gwynn Assistant Town Manager —Town Clerk MEMORANDUM TO: DIRECTORS, Place Au Soleil Association, Inc. FROM: Robert A. Dittman DATE: August 16, 1988 RE: Follow Up Report re "Mother's Addition" on Lot 90 You may recall that the referenced addition recently came before our Architectural Review Committee for approval. Due to the way we Directors previously decided to apply our responsibility regarding plan approval, the Association was obliged to approve the plans. However, we registered, in writing, our deep concern that the addition would convert the home on Lot 90 to a Duplex. I followed up the Association's letter with personal letters to and appearances before the Town Planning Board and Town Commission protesting this encroachment of duplexes into our single family neighborhood. The result was that the Town Commission deferred action pending receipt of an opinion from the Town Attorney on whether the residence would become a duplex; the applicant and I were given the opportunity to submit a memorandum to the Town Attorney, which I did on behalf of my wife and myself. Enclosed is a copy of the Town Attorney's advisory letter to the Town dated August 8, 1988. As you can see, he agreed that the addition would make the residence an inappropriate and unlawful structure in our zoning district. Unfortunately, I am sad to report that the Town Commissioners and, specifically (as I understand it from the Town Clerk), our resident commissioner, Alan Armour, chose to approve the addition over my objections, the "concern" voiced by our Association, and the unambiguous opinion of the Town Attorney. This precedent setting action will make it difficult, if not impossible, for us to oppose further duplex type of construction in our neighborhood in the future; indeed, now that the door is open, I am seriously considering a similar expansion of my home to accommodate my parents and mother -in -law during the season. The larger gdestion that should be taken under consideration by us pending our next meeting is whether we really need to continue administering our plan approval responsibilities. Over the last 18 months we seem to have won a couple of battles only to end up losing the war when plans were approved over Association objections. Lot 23 comes to mind (approved over Association objections), which, while being occupied, has yet to receive more than minimal landscaping; and there are others, including some projects started prior to our terms which have yet to be completed. We obviously do not have the resources or inclination to resort to deed restriction enforcement proceedings on our own and it appears we can not count on the Town to back us up, so why bother with the considerable amount of time that is involved? Perhaps we should simply defer all approvals to the Town and spend our time on other projects where our time is better spent. In any event, this can be food for thought pending our next meeting in late September /early October. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS MAIL ADDRESS 100 SEA ROAD WILLIAM F. NOCH. JR., Mayor GULF STREAM, FLORIDA ALAN I. ARMOUR, Vice Mayor 33180 TEL: GULF STREAM JAMES E. CROSS (107) 278.5118 JAMES T. SHELLY, JR. LAWRENCE E STAHL Town Manager WILLIAM E. GWYNN August 22, 1988 Assistant Town Manager -Town Clerk BARBARA GWYNN Chief of Police NOTICE TO RESIDENTS TOWN OF GULF STREAM JAMES GREER THE FOLLOWING VARIANCE HAS BEEN REQUESTED PURSUANT TO SECTION VII —R.S. RESIDENTIAL SINGLE FAMILY DISTRICT J -1 FRONT YARD REQUIRED. A request to reduce the front yard setback requirement from one hundred nine feet (1091) to seventy one feet (71'). -With the addition of thirty feet to the center of AlA which will meet the seventy eight feet requirement on AIA. The request for a variance as it relates to Section VII.J.1. of the Gulf Stream Zoning Code. Required Front Yard in residential Single Family District states that there shall be a Front Yard not less than Twenty Five (25') feet in depth or Twenty Five (25 %) Percent of the Lot Depth, whichever is greater.... Nothwithstanding these provisions the setback distance along AlA Right of Way shall be at least Seventy Eight (78') Feet from the Center Line of Said Right of Way. Property located at 1709 North Ocean Boulevard. Lot 1, Section 10, Township 46 South Range 43 East, Lying East of Ocean Boulevard. The Town of Gulf Stream Planning and Zoning Board will review this request at its regular meeting on Wednesday, September 7, 1988 at 9 A.M., Gulf Stream Town Hall. The Town Commission sitting as the Board of Adjustment will conduct a public hearing at 9 A.M. Friday, September 9, 1988 at the Gulf Stream Town Hall, 100 Sea Road. All interested parties will be given an opportunity to be heard. Barbara Gwynn Town Clerk NORTH 18 August 1988 TOWN OF GULFSTREAM 248 Sea Road Gulfstream, Florida 33444 RE: Tom Walsh Residence To Whom It May Concern: We are submitting the following request for a variance to the Town of Gulfstream, as it relates to Section VII.J.1 of the Gulfstream Zoning Ordinance - Required Front Yard in residential single family district. This section states "There shall be a front yard not less than twenty five (25') feet in depth or twenty five (25 %) percent of the lot depth, whichever is greater... Notwithstanding these provisions the setback distance along AIA Right of Way shall be at least seventy eight (78') feet from the center line of said Right of Way." The Walsh residence is currently under construction at 1709 North Ocean Boulevard. The request for a variance is a result of re- locating the proposed detached garage. Original approval was for a two car garage located across the motor court, opposite the house. After further consideration it is Mr. Walsh's feeling that given his concern for security of his automobiles, particularly during extended travel periods a third garage bay is necessary. This could not be accomodated in the original location. In relocating the garage structure it was necessary to avoid conflict with the septic tank system that had alreadybeen installed. Thus its proposed relocation is as far eastward as permissible resulting in a maximum front setback. We have addressed the following questions from the Variance Application. a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same l zoning district. 8132 West Glades Road • Boca Raton, Florida 33434 • (305) 487 -4904 Page 2 The depth of the lot is dispropotionate to its narrow width, though if surpasses the minimum 20,000 square foot lot area with an area of approximately one acre. The actual lot dim- ensions are approximately 438.93' in depth by 102' in width, resulting in front and rear yard setbacks that far exceed the minimums established in the code. b. That the special conditions and circumstances do not result from the actions of the applicant. The lot was pre- existing, platted by others. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by the Zoning Code to other lands, buildings, or structures in the same Zoning District. The proposed setback far exceeds all minimum front yard setbacks set forth in the code with the exception of that created by the excessive depth "of the lot. d. That a literal interpretation of the provisions of the Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same Zoning District under the terms of the Zoning Code and would work unnecessary and undue hardship on C the applicant. Literal interpretation of the code sets minimum standards which would permit locating this structure 20 feet closer to AlA if the lot were the minimum permitted dimensions. e. That the grant of the variance will be in harmony with the general intent and purpose of the ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Granting of this variance is in harmony with the intent of the code as it exceeds established minimums relating to the health, safety and welfare of the public. f. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. This is a minimum variance as the stucture is as far east as possible. g. That no non - conforming use of neighboring lands, structures or buildings in other districts, and no permitted Use of land, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. C Page 3 Request for a variance is based upon lot dimensions, not that of other properties in the Town. We respectively submit this variance request to you and look forward to its favorable approval. If you should have any further questions or comments, please feel free to contact this office. Since ely, NORT OUTH CONSTRUCTION CORP. / ^, Rhon a Shephard Harrell, AIA I cc: Tom McMurrain Tom Walsh 18 August, 1988 DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. ARCHITECTS AND PLANNERS 124 N.E.5TH AVENUE, DELRAY BEACH, FL 33444 305- 278 -1388 Town of Gulfstream Planning Dept. 246 Sea Road Gulfstream, FL 33444 RE: DOCK AT LOT #63 PLACE AU S Dear Planning Board: Our client's have purchased lot #64 just recently, however when they visited the site at low tide, it became evident that they could not moor their boat at their lot, due to the fact that there is insufficient water depth. They have now purchased lot #63 and would like to build a dock at this location as the depth of water with the new wooden dock allow sufficient draft for their boat. They will place a hedge along the edges of this lot and maintain it. They are requesting a variance from the section g. Paragraph h. from the Planning Board to build a dock on lot #63 and moor their boat at said dock. As will be seen from the plan the foot path from the new pool deck passed over both lots. At no time will any person be living on the said boat. Should lot #63 ever be sold they will stipulate in the deed that the dock will not be allowed unless a residence is placed on the lot. Kind regards. Yours sincerely, DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. �Cl / C l Digby C -. Bridges, AA ipl. Hons., AIA, RIBA ARTICLE II. WATERCRAFT* SECTION 8-21. USE AS RESIDENCE. No boat or vessel shall be used or maintained within the Town as a place of residence or for sleeping or living purposes. For purposes of this SECTION, a "place of residence or for sleeping or living pur- poses" shall mean the occupation of a vessel for a period greater than twenty -four (24) consecutive hours. (Ord. No. 79 -2, §5, 5- 10 -79) *Editors note - Article II of Chapter 8 of this Code as originally adopted consisted of Ord. No. 72 -2 and Ord. No. 114. Ord. No. 72 -2 (sections 8 -21 - 8 -27) are deleted as superseded by Ord. No. 78 -3, codified by the editor as §19 -16 et seq. Ord. No. 114, (section 8 -28) has been redesignated as §10 -1 by the editor. SECTION 8-22. PERMIT REQUIRED FOR DOCKIIG. No boat or vessel in excess of eighteen (18) feet shall be docked within the waters in or adjacent to the Town for a period in excess of three (3) days unless the owner or person in control thereof shall first register the vessel with the Town Manager. No permit shall be issued for the docking of any such vessel if the docking facilities provided therefor are inadequate to protect the public health, safety and welfare, nor shall any such permit be issued for a period in excess of one year. In no event shall any vessel be docked at other than a dock accessory to a residence. (Ord. No. 79 -2, 5- 10 -79; Ord. No. 80 -2, §2, 3- 14 -80) SECTION 8-23. ANCHORING OR MOORING. No boat or vessel shall be moored or anchored within the Town for a longer period than twenty -four (24) hours in any consecutive thirty - day period. This SECTION shall not apply to the permanent docking of boats or vessels to piers which are accessory uses to residential dwelling units within the Town if the vessel is owned by the owner of the residential dwelling unit of which the pier is an accessory use or said vessel is owned by a guest of the owner of the residential dwelling unit and accessory dock facility to which the vessel is attached. (Ord. No. 79 -2, §2, 5- 10 -79; Ord. No. 80 -2, §1, 3- 14 -80) SECTION 8-24. MAINTENANCE RESTRICTIONS. It shall be unlawful for the owner of any boat within the waters of the Town of Gulf Stream, or any person under his supervision and direction to perform any heavy maintenance on said boat within the Town other than the normal day -to -day maintenance required to maintain said vessel and any maintenance of an emergency nature. Heavy main- tenance shall include but not be limited to overhauling, installing, rebuilding or repairing of engines and other work which may be in the -806- Rev. 11/1/87 , 1 ARCHITECTURAL REVIEW COMMITTEE PLACE AU SOLEIL ASSOCIATION P.O. Box 2374 Delray Beach, FL 33483 " September 2, 19 88 Town Commissioner and Planning Board Town of Gulf Stream Gulf Stream Governmental Center 246 Sea Road Gulf Stream, FL 33483 Re: Review of Plans For Improvements to be made on Lot 63 , PLACE AU SOLEIL,925 Emerald Row , Gulf Stream, Florida ARCHITECT:_Dixby, Bridges, Marsh and Assoc. JOB NO. 8358 Gentlemen: Pursuant.to the Declaration of Restrictions for Place Au Soleil Subdivision, the Association's Architectural Review Committee has reviewed the referenced Plans and would advise as follows: Architectural Approved of said Plans is granted; X Architectural Approved of said Plans is granted provided dock width is reduced to five feet (5'),'if required by Code, and Agreement in form attached hereto is executed and recorded upon Mr. and Mrs. Sherman acquiring title to Lot 63 and permit being issued Said Plans can not be approved or disapproved because Recommend variance be granted as to minimum Lot size; OTHER COMMENTS: Recording of attached Agreement would be preferable to Unitv of Title. Very truly yours, For the Architectural Review Committee S' C Im 9 im m r v i i n 4 c \ A ✓.5. A y 5 0c fi 4. 157.62' n r 0 0 w A ° 'n !C n 9 4 O �9 0 9•J 8i i I I ' �I 7 \ 1. m o � �? a 150.00• c: PZRry na'o Rro r O 5 O n G R P 1- n d R tfi _p r O P(�J ai]-, ndPN Wa T m En Z �J 'O�roy uO. «ay, �a9 Lm mm ° ntird*u ° r m y N a - Rm •. � _ J n.. •n u- R n 5 r0 p v v n 0 7 F n> d m c ' r,0 m c 'm cP,o P dm0 r nno. r—O y Pp P 10 o d „ o � 2 n o rt n m - C,�," ` m rN 0 a 0 0 u n Z �1 r ^ G y �r, r U W r l PREPARED DY AND RETURN TD: ROBERT A. DITTMAN 307 EAST ATLANTIC AVE. DELRAY BEACHI FLA. 33407 AGREEMENT The undersigned, JAMES M. SHERMAN and ROBIN B. SHERMAN, as owners of that certain real property described as: Lots 63 and 64, PLACE AU SOLEIL, according to the plat thereof, recorded in Plat Book 27, Page 69, Public Records of Palm Beach County, Florida, in consideration of the TOWN OF GULF STREAM and PLACE AU SOLEIL ASSOCIATION, INC., approving and allowing us to construct a dock on or contiguous to the aforesaid Lot 63, agree and covenant, for ourselves, our heirs, successors and assigns, as follows: 1. Any dock constructed by Lot 63, Place Au Soleil shall be in compliance with all ordinances of the Town of Gulf Stream. 2. No dock shall be constructed on or contiguous to Lot 64 until such time as title to Lot 64 would be conveyed to unrelated third parties and dock usage by us or the other owners of Lot 64 ceases pursuant to this Agreement; any future dock construction on or contiguous to Lot 64 shall be in compliance with all ordinances of the Town of Gulf Stream. 3. The dock to be constructed on or contiguous to Lot 63 shall be used solely by the undersigned or other owner of Lot 64, as an accessory structure and use to Lot 64, but only until such time as title of Lots 63 and 64 would cease to be owned by the same identical parties, such time to be referred to as the "termination date ", whereupon the dock on or contiguous to Lot 63 shall not be used by any party until such time as a residence on said Lot 63 would be constructed. 4. Pending the termination date, no vehicles shall be parked on Lot 63; thereafter vehicles may be parked on Lot 63 only to the extent permitted by the ordinances of the Town of Gulf Stream. 5. This Agreement shall constitute a covenant running with the land as to Lot 64 until the termination date and shall constitute a covenant running with the land as to Lot 63 until a residence is constructed thereon and title to such Lot has been SPINNER, DITTMAN. FEDERSPIEL B DOWLING 501 EAST ATLANTIC AVENUE.- DELRAY BEACH, FLORIDA 33444 '.14071276.2900 conveyed to a party or parties unrelated to the owner or owners of Lot 64. 6. This Agreement may be enforced, by injunctive relief, by either the Town of Gulf Stream or Place Au Soleil Association, Inc. and, if injunctive relief is granted, the enforcing party shall recover its costs and reasonable attorney's fees from the parties against whom enforcement is sought. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _ day of , 1988. Signed, sealed and delivered in the presence of: James M. Sherman Robin B. Sherman STATE OF FLORIDA ) SS: COUNTY OF PALM BEACH ) SWORN TO AND SUBSCRIBED before me by JAMES M. SHERMAN and ROBIN B. SHERMAN, this day of , 1988. sherman.1/23 Notary Public State of Florida SPINNER, DITTMAN. FEDERSPIEL 6 DOWLING 501 EA5T ATLANTIC AVENUE -- OELRAY BEACH, FLORIDA 33444 --(407)27G-2900 2