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HomeMy Public PortalAbout01/03/19901 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS MAIL ADDRESS 100 SEA ROAD WILLIAM F. KOCH, JR., Mayor A G E N D A GULF STREAM, FLORIDA ALAN I. ARMOUR, Vice Mayor 33463 JAMES E. CROSS TEL GULF STREAM (407) 2765116 KATHLEEN S. WALLACE PLANNING & ZONING BOARD MEETING LAWRENCE E. STAHL Town Manager FRANKLIN E. FLANNERY January 3, 1990 Please Note: The Town of Gulf Stream does not provide records of the proceedings of this body. 1. Meeting called to order. 2. Roll Call 3. Reading of the Minutes of the December 6, 1989 meeting (green) 4. Requests for Variances. Neighbors notified and Notice to Residents published. a. William T. Lamson, 3813 North Ocean Boulevard. Request to reduce front yard setback requirement from 91.59 feet to twenty -five per cent of the buildable lot depth, or 57.0 feet. To reduce the required side yard setback from 15% to 10% which was allowed at the platting of said lot. b. Gulf Stream Bath & Tennis Club, 925 No. Ocean Boulevard. Request to reduce the required number of parking spaces from 120 based on fire occupancy load of 360 persons to 111 parking spaces. 5. Construction Report. 6. Public Comments 7. Board Comments 8. Adjournment COMMISSIONERS WILLIAM F. KOCH, JR,, Mayor ALAN I. ARMOUR, Vice Mayor JAMES E. CROSS KATHLEEN S. WALLACE LAWRENCE E. STAHL TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA CONSTRUCTION IN PROGRESS JANUARY, 1990 Total of Permitted Work in Progress: NEW HOMER MAIL ADDRESS 100 SEA ROAD GULF STREAM. FLORIDA 33483 TEL.: GULF STREAM (407) 276 5116 Town Manager FRANKLIN E. FLANNERY $2,093,800.00 William Stiritz (started 4/14/89) 1421 N. Ocean Blvd. Mitchell Denberg (started 5/3/89) 1221 N. Ocean Blvd. William Woolley (started 12/20/89) 3111 N. Ocean Blvd. REMODELING AND ADDITIONS William Bradbury (started 8/21/89) Ken Bacheller (started 7/22/89) George Mueller (started 10/2/89) L. Tal -Mason (started 11/30/89) Donald Oren (started 12/12/89) One Gazebo One Fence One A/C Changed Out Two Miscellaneous Electric One Gas Tank Two Re- roofing 1358 N. Ocean Blvd. 1275 N. Ocean Blvd. 3180 Polo Drive 4217 County Road 1755 N. Ocean Blvd. MISCELLANEOUS Digby Bridges, Marsh & Associates, P.A. i 124 N.E. E fI1 AVENUE, DELRAY BEACH, FL 33483 407- 278 -1388 TVC 24 January 1990 Town of Gulfstream Attn: Mr. William Mayer, Chairman 246 Sea Road Gulfstream, FL 33483 Re: Mueller Residence Dear Mr. Mayer: We have the pleasure to enclose the site plan and documentation for a dock to be placed on Mr. Mueller's waterfront. This dock is in accordance with all codes and set backs. Hope you and the planning board approve this. Rind regards, Yours sincerely, DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. Digby Bri eq', A.I.A. R.I.B.A. A A g , , Dipl. Hons. DB /jl Enclosures �:7:�1R7i�l2Isl71s'�� 11' IGi' 1S— P1. 1^J NERS— IN1'tih'!Ol:l�1';li�-��:" ��i Agatz f'sI f 9 i 0 1 Mon Ell h L �� ii? ! j iiB L - 3eibi =Lci -'- t i ��i Agatz f'sI f 9 i 0 1 Mon Ell h ....d Hmm f 9 i 0 1 Mon a s , InYpr ' a f'. I wy1�� 1 :AF ?a Ell = ii? iiB a ii a s , InYpr ' a f'. I wy1�� 1 :AF 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TOWN OF GULF STREAM Palm Beach County, Florida PLANNING & ZONING BOARD MEETING 100 Sea Road, Gulf Stream, Florida 33483 Wednesday, 9:00 a.m. January 3, 1990 The Planning and Zoning Board Meeting was called to order by Mr. William Lynch, Presiding. ORIGINAL E. A. Kaufman Reporter PROFESSIONAL REPORTING SERVICE Miami — Hollywood — Ft. Lauderdale— Boca Raton — W. Palm Beach Dade: (305) 651 -0706 • Broward: (305) 920 -4331 • Palm Beach: (407) 697 -2200 • (800) 940 -2200 FAX (305) 651 -0973 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Attendance: MR. WILLIAM LYNCH, Presiding MRS. JOAN K. ORTHWEIN MR. SHERWOOD H. SHEEHAN MR. FRANKLIN E. FLANNERY, Town Manager MR. RICHARD BRANDT MR. D. B. BRIDGES PROFESSIONAL REPORTING SERVICE Miami — Hollywood — Ft. Lauderdale— Boca Ratan — W Palm Beach Dade: (305) 651 -0706 • Broward: (305) 920 -4331 • Palm Beach: (407) 697 -2200 • (800) 940 -2200 FAX (305) 651 -0973 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S MR. LYNCH: Shall we call the meeting to order? The roll call? MR. BRANDT: I guess I'll do it. Mr. Lynch? MR. LYNCH: Present. MR. BRANDT: Joan Orthwein? MRS. ORTHWEIN: Here. MR. BRANDT: Sherwood Sheehan? MR. SHEEHAN: Yes. MR. BRANDT: Bill Mayer is absent, and Charles Eaton is absent. MR. LYNCH: Any discussion of last month's minutes? Do we have a move to approve? MRS. ORTHWEIN: I make the motion to approve. MR. LYNCH: Second? MR. SHEEHAN: Second. MR. LYNCH: Approved. We have a request for variance by William T. Lamson, 3813 North Ocean Boulevard. Request to reduce front yard setback requirement from 91.59 feet to twenty -five percent of the buildable lot depth, or 57.0 feet. To reduce the required side yard setback from PROFESSIONAL REPORTING SERVICE Miami — Hollywood — Ft. Lauderdale— Boca Raton — W. Palm Beach Dade: (305) 651 -0706 • Broward: (305) 920 -4331 • Palm Beach: (407) 697 -2200 • (800) 940 -2200 FAX (305) 651 -0973 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 percent to 10 percent, which was allowed at the platting of said lot. Do we have any response from neighbors? MR. BRANDT: No, I have no formal response to the mailing that was sent out to the variance. I did hear from an attorney. Mr. Pierce, I believe, is the owner of the property to the south of this, which makes it the lot that the variance was given the first time, and I didn't hear from Mr. Pierce, I heard from his attorney. And, of course, when he figured it out that it was the lot to the north we are talking of giving the variance on, and the lot to the south had already been granted the variance, he had no further comment. And that's the extent of what conversation was had on this. MR. LYNCH: He was one lot late in complaining? MR. LYNCH: Have they been out long enough that we would have had a response? MR. BRANDT: Oh, yes, sir. MR. LYNCH: Any discussion? MRS. ORTHWEIN: Is there anyone here? MR. BRANDT: Mr. Lamson was going to come in. I guess he didn't make it. PROFESSIONAL REPORTING SERVICE Miami — Hollywood — Ft. Lauderdale— Boca Raton — W. Palm Beach Dade: (305) 651 -0706 • Broward: (305) 920 -4331 • Palm Beach: (407) 697 -2200 • (800) 940 -2200 FAX (305) 651 -0973 4 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 MR. LYNCH: There are no plans afoot? MR. BRANDT: No plans afoot submitted; no. And for the record I might state, according to our Zoning Ordinances, if this is granted it would only be for a six -month period. All variances that aren't acted upon after being put into effect expire in six months if nothing is done with it. MR. SHEEHAN: They usually put this in with a set of plans rather than doing it now. Is this the normal way to do it? MR. BRANDT: It's normal to give a variance to the lot so they know what size house to put on the lot. MRS. ORTHWEIN: I don't know how we can interpret it if there is going to be a hardship. There is nothing to grant a hardship on. So I move we deny the variance until that plan is submitted. MR. LYNCH: Second? MR. SHEEHAN: Second. MR. LYNCH: All in favor? Okay. [Unanimous.] MR. LYNCH: Gulf Stream Bath and Tennis Club, 925 North Ocean Boulevard. Request to reduce the required number of parking spaces from 120 based on fire PROFESSIONAL REPORTING SERVICE Miami - Hollywood - Ft. Lauderdale- Boca Raton - W. Palm Beach Dade: (305) 651 -0706 • Broward: (305) 920 -4331 • Palm Beach: (407) 697 -2200 • (800) 940 -2200 FAX (305) 651 -0973 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 occupancy load of 360 persons to 111 parking spaces. MR. BRIDGES: That's me. I have been up and seen the Fire Marshal now at South Palm Beach and the Fire Marshal for the Town of Ocean Ridge, but unfortunately their Fire Marshal left them, but they now have a new Fire Marshal in South Palm Beach. I went and saw him and discussed the occupancy of the club which will be 360 persons. We gave him the seating layout the same as on those plans. He agreed to that, and the occupancy load will be maximum on that building of 360. That is how we arrived at the car - parking requirements because we have to have that load established by him. He will not allow any more than 360 in that building which has been established by him. A letter should have been here to me about this, but unfortunately it seems to have been caught up in the Christmas mail. I don't have the letter, but I will have it in the next day or so, stating the occupancy is 360. Fire inspection in excess of that, it will be stamped 360, and Dick Brandt will have a set of those vxi rulings coming through as well. All the exe= =es _ and fire extinguishers will be approved by him. So that's the position. PROFESSIONAL REPORTING SERVICE Miami — Hollywood — Ft. Lauderdale— Boca Raton — W. Palm Beach Dade: (305) 651 -0706 • Broward: (305) 920 -4331 • Palm Beach: (407) 697 -2200 • (800) 940 -2200 FAX (305) 651 -0973 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 But we would like to get the variance because that does hinge on the club's functioning. In actual fact, it's more than the club has now, eight spaces more than the club has now, because the spaces have been properly re- organized there. MR. LYNCH: The variance, however, is going to 111 rather than 120; is that correct? MR. BRIDGES: That's right. 120 is dictated by the occupancy. The building is the same at the moment that occupancy allows, and they only have about 102, because they are badly organized. We have re- organized to more parking spaces so less than actually are now because of re- organization of the parking. MR. LYNCH: I would imagine there wouldn't be very many times when it will be over 333. MR. BRIDGES: The most they have ever had is 234; that's the most they ever get. That's really all they want to do. But the Fire Chief has to say that occupancy because that's what the building is capable of holding, but that would be the limit in every room, the snack bar being full, the playroom being full, and the dining room being full and the grille room being full, which will never be a case. It's impossible. MR. LYNCH: Then there won't be any problem if we were to stipulate at any time occupany is estimated PROFESSIONAL REPORTING SERVICE Miami - Hollywood - Ft. Lauderdale- Boca Raton - W. Palm Beach Dade: (305) 651 -0706 • Broward: (305) 920 -4331 • Palm Beach: (407) 697 -2200 • (800) 940 -2200 FAX (305) 651 -0973 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to be over 333, then we have to have parking not by the people but by valet? MR. BRIDGES: It's virtually all by valet. As I said in my letter, they can all be accommodated on that, because they just stack them. MR. LYNCH: Any discussion? MR. SHEEHAN: 120 is the maximum allowed with 360 persons, right? MR. BRIDGES: Yes. MR. SHEEHAN: So that's for insurance purposes? MR. BRIDGES: No, it's by code of the city. The city requires it, which is determined by the Fire Code. MR. LYNCH: They can park more if they use valet? MR. BRIDGES: We want a variance for nine parking spaces. We don't supply nine of the cars parking spaces; 120 is required by this code. MR. SHEEHAN: Most of the time they have valet anyway? MR. BRIDGES: Yes. It will never be a problem. They have got the same amount of members there. They have been going to have the same amount of members the club can hold, they nearly got quite as much as the new one, but it's more split up now, the new one. PROFESSIONAL REPORTING SERVICE Miami — Hollywood — Ft. Lauderdale— Boca Raton — W. Palm Beach Dade: (305) 651 -0706 • Broward: (305) 920 -4331 • Palm Beach: (407) 697 -2200 • (800) 940 -2200 FAX (305) 651 -0973 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. LYNCH: Can I make a motion? I would make a motion then that we allow the variance provided at any time it is anticipated you are going to have more than 333 people in attendance at a function that valet parking has to be used. MRS. ORTHWEIN: I second the motion. MR. LYNCH: It has been moved and seconded -- MR. SHEEHAN: I third it. MR. LYNCH: All approved? Okay. [Unanimous.] MR. LYNCH: Construction report. Any public comment? Any comment from the Board? I move we adjourn. MR. FLANNERY: I need to say something to you. I received a call from the Mayor yesterday, and he asked if we would get on the information that I got you today. He said, "Would you see if Planning and Zoning would take some action on that ?" And I said to the best of my knowledge Mr. Randolph's office has not yet had that work, and he said, "Have it faxed down, and see if you can get them to act on it." Well, it wasn't ready until 4:00 o'clock yesterday afternoon, and I went and picked it up and I PROFESSIONAL REPORTING SERVICE Miami — Hollywood — Ft. Lauderdale— Boca Raton — W. Palm Beach Dade: (305) 651 -0706 • Broward: (305) 920 -4331 • Palm Beach: (407) 697 -2200 • (800) 940 -2200 FAX (305) 651 -0973 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 couldn't get ahold of you yesterday afternoon, and that's the reason it is now coming before you. I personally don't know how you would be able to do anything with it on this short a notice, but I did give it my best. For the record, this is a correspondence from the Town Attorney, Mr. John Randolph, and in the opening paragraph of the letter, for the record, it states: "Dear Frank: "It is my understanding that the Commission wishes to amend the Zoning Ordinance to address lot coverage for lots that are less than 10,000 square feet in area. I am advised that the Commission desires something along the ordinance which exists in the Town of Palm Beach." And the letter and other attached material goes on from there. MR. LYNCH: I think it is completely unrealistic for us to consider something like this in this short a period of time. MRS. ORTHWEIN: I agree. MR. LYNCH: No matter what Mr. Koch thinks it is or not. In the first place, I disagree in one part with the letter, because we have approved many buildings on that size lot, and there hasn't been variances allowed, PROFESSIONAL REPORTING SERVICE Miami - Hollywood - Ft. Lauderdale- Boca Raton - W. Palm Beach Dade: (305) 651 -0706 • Broward: (305) 920 -4331 • Palm Beach: (407) 697 -2200 • (800) 940 -2200 FAX (305) 651 -0973 10 C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and it hasn't appeared to be a hardship at all. MRS. ORTHWEIN: The lot overage, is it under the size of the roof? MR. LYNCH: Under the roof; that's my under- standing. MRS. ORTHWEIN: Okay. That would make sense. MR. FLANNERY: What is your pleasure, Mr. Chairman, did you want to bring this up at the next Zoning Meeting? MR. LYNCH: Yes. Postpone it. MRS. ORTHWEIN: Yes. MR. BRANDT: Bill, before you adjourn, I can't recall myself and you all were with us on this -- did we ever do a site plan approval for the Bath and Tennis Club on their drawings? There was no variance needed. MR. BRIDGES: There was no variance needed. MRS. ORTHWEIN: It was grandfathered in, because we were putting it with existing buildings. MR. BRIDGES: We need site plan approval, as far as I know. MR. BRANDT: There is no variance needed. MR. LYNCH: My recollection was that we did approve it. MR. BRANDT: I thought we did too, that this plan was approved, and all we do now is come for plan PROFESSIONAL REPORTING SERVICE Miami - Hollywood - Ft. Lauderdale- Boca Raton - W. Palm Beach Dade: (305) 651 -0706 • Broward: (305) 920 -4331 • Palm Beach: (407) 697 -2200 • (800) 940 -2200 FAX (305) 651 -0973 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 approval. MR. LYNCH: I think that is true. MRS. ORTHWEIN: We almost had a review and approval. MR. BRIDGES: I just wanted to make sure. MR. BRANDT: I did too, because I was hazy on my memory. MR. LYNCH: We can all move -- in the event that we didn't approve it, we now so approve. MRS. ORTHWEIN: I second. MR. BRIDGES: Thank vou. MR. BRANDT: That takes care of it then. MR. LYNCH: We are adjourned. [Thereupon, at 9:15 o'clock a.m., the Planning and zoning Board Meeting adjourned.] * * * * * * * * * * * * CERTIFICATE OF REPORTER I hereby certify that the foregoing 12 pages constitute the record of proceedings had at said meeting. L . At E. A. KAUFMA Reporter PROFESSIONAL REPORTING SERVICE Miami — Hollywood — Ft. Lauderdale— Boca Raton — W. Palm Beach Dade: (305) 651 -0706 • Broward: (305) 920 -4331 • Palm Beach: (407) 697 -2200 • (800) 940 -2200 FAX (305) 651 -0973 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SPECIAL MEETING OF THE PLANNING AND ZONING COMMISSION OF THE TOWN OF GULFSTREAM, FLORIDA MEMBERS PRESENT: JOAN ORTHWEIN SUSANAH SOUDER WILLIAM LYNCH JOHN MAYER ALSO PRESENT: FRANK FLANNERY, City Manager RICHARD BRANDT DATE: January 10, 1990 PLACE: 100 Sea Road Gulfstream Town Hall Gulfstream, Florida PROFESSIONAL REPORTING SERVICE Miami - Hollywood - Ft. Lauderdale- Boca Raton - W. Palm Beach Dade: (305) 651 -0706 • Broward: (305) 920 -4331 • Palm Beach: (407) 697 -2200 • (800) 940 -2200 FAX (305) 651 -0973 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BE IT REMEMBERED, that the following proceedings were had before the Planning and Zoning Board of the Town of Gulfstream, at the Gulfstream Town Hall, 100 Sea Road, Town of Gulfstream, County of Palm Beach and State of Florida, beginning at the hour of 8:30 a.m., on Wednesday, the 10th day of January, 1990, with appearances as hereinbefore noted. MR. MAYER: I think you are Chairman of this group. MS. ORTHWEIN: If everybody is here the meeting will come to order. Mrs. Souder is here, Mr. Lynch, Mr. Mayer and myself. Is there any discussion on the new proposed amendment for the Town of Gulfstrem? MR. MAYER: Are you talking about the one we have from John? MS. ORTHWEIN: Yes. MR. MAYER: I think he hits on a lot of points that we have been considering and to me, I have always felt there should have been left in the Ordinance the fact that the old Ordinance where you had small lots and John comes out and tells you that it would preclude a person who has a twenty thousand square foot lot from subdividin it and attempting to get a variance to construct PROFESSIONAL REPORTING SERVICE Miami — Hollywood — Ft. Lauderdale— Boca Ratan — W. Palm Beach Dade: (305) 651 -0706 • Broward: (305) 920 -4331 • Palm Beach: (407) 697 -2200 • (800) 940 -2200 FAX (305) 651 -0973 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 on the two ten thousand square foot lots, and tha was the reason they went to the bigger lot size. MS. ORTHWEIN: That's true. MR. MAYER: In the Ordinance. MRS. SOUDER: Joanny, does this go into anything that land is submerged? MS. ORTHWEIN: No, we have not even touched on that issue. That's not even mentioned in this And that's something -- I don't know how we take that into account, that is more of a legal question, do you think? MRS. SOUDER: It depends on what we are talking about, for twenty -five percent would it conclude that? MS. ORTHWEIN: It would right now. MR. MAYER: I think it would have to because people are paying a certain amount for -- that's underneath the water and people buying it, it's not their fault either, and people that have it, it's not their fault either. That's where they bought it. MS. ORTHWEIN: The only other thing you could do is make it buildable lot coverage. MRS. SOUDER: I wonder if that's something to look into. PROFESSIONAL REPORTING SERVICE Miami — Hollywood — Ft. Lauderdale— Boca Raton — W Palm Beach Dade: (305) 651 -0706 • Broward: (305) 920 -4331 • Palm Beach: (407) 697 -2200 • (800) 940 -2200 FAX (305) 651 -0973 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. MAYER: We will have to ask Randolph on that because that could be a very touchy legal something. MS. ORTHWEIN: There are some phases in there, that buildable lot, where the land is under water, and you are building on almost all the property. How do we get in touch with John Randolph? MR. FLANNERY: Do you need to speak to him now, sometimes it takes two or three days. MS. ORTHWEIN: No, there are just some issue that I was going to write down to talk to him about. MR. FLANNERY: 659 -3000. If you would like to talk to him yourself, but I can get a hold of him and have him call you, whatever your pleasure is. MS. ORTHWEIN: I can call him, too. He is in Palm Beach? MR. FLANNERY: West Palm Beach, on Flagler. MS. ORTHWEIN: No, but that's a good thing to bring up. MTS. SOUDER: I think we should talk to him about it because that does make quite a bit of difference. You are talking about people mostly PROFESSIONAL REPORTING SERVICE Miami - Hollywood - Ft. Lauderdale- Boca Raton - W. Palm Beach Dade: (305) 651 -0706 • Broward: (305) 920 -4331 • Palm Beach: (407) 697 -2200 • (800) 940 -2200 FAX (305) 651 -0973 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 on the Intracoastal. It depends on where their lot starts. If it starts submerged and they get twenty -five percent, they could almost go to the sea wall. MS. ORTHWEIN: Yes. MRS. SOUDER: So I think it's maybe it's legally we can't do anything about it, but we should ask him. MR. LYNCH: Back to the Randolph letter, explain to me the twenty -five percent and how it would affect side yard variances. MS. ORTHWEIN: Well, it wouldn't. What it would do is probably not allow you to use all the setbacks because probably if you came in on a hundred by a hundred and fifteen lot, and you came in fifteen in the front and fifteen in the back, you could build a huge house. The footprin would be much bigger than the twenty -five percent of their lot coverage. What they are limiting is the lot coverage. I am not expressing it well can you express it better, Mr. Mayer? MR. MAYER: I think what they are trying to get is a lot of open space. MS. ORTHWEIN: Yes, you are going to have to have some kind of yard the size of the setback. PROFESSIONAL REPORTING SERVICE Miami — Hollywood — Ft. Lauderdale— Baca Raton — W. Palm Beach Dade: (305) 651 -0706 • Broward: (305) 920 -4331 • Palm Beach: (407) 697 -2200 • (800) 940 -2200 FAX (305) 651 -0973 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 It won't have anything to do with the setback, the setback will remain the same, fifteen. What it's doing is governing how much of the lot you can build on. MR. MAYER: So you have a certain amount of open space. MS. ORTHWEIN: And as I read it, it's twenty -five percent under air, under roof, so it does not include if someone wants to build their whole back yard a patio, this is just under air or open porch. That's not included -- MR. LYNCH: Under eaves, you aren't counting eaves? MR. MAYER: We have limited the eaves in our new Ordinance. MS. ORTHWEIN: The twenty -five percent. MR. MAYER: It's up to, let's see what it was. Let's see, it was what, it was up to the building, is that right or not? MR. LYNCH: It's up to the end of the eaves. MS. ORTHWEIN: Your setbacks are to the end of the eaves. MR. LYNCH: It's probably seventeen to the house or eighteen. MR. MAYER: Right. PROFESSIONAL REPORTING SERVICE Miami — Hollywood — Ft. Lauderdale— Boca Raton — W Palm Beach Dade: (305) 651 -0706 • Broward: (305) 920 -4331 • Palm Beach: (407) 697 -2200 • (800) 940 -2200 FAX (305) 651 -0973 M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. ORTHWEIN: This doesn't have anything to do with the setback. MR. MAYER: I think we ought to leave that in about the eaves. I don't think we ought to take that out, do you? The building size to the eaves, instead of to the building, it's because they could have the eaves three, four, five feet, if they wanted to. MS. ORTHWEIN: And it allows you to build a bigger mass -wise house with a one story as opposed to a two story. Primarily, I think because a two story is more offensive, not offensive, but bigger than a one story. MR. FLANNERY: The first time I ever saw anything like this, and I'm sure you as people on the Planning and Zoning Committee saw it before me, and I certainly am not trying to disturb your meeting; the way I heard it explained about eighteen years ago over in Naples was, the taller the building we have in this city the more green area we want around it, and that' the simplest way I've ever heard it. MS. ORTHWEIN: That's a very nice way to put it. Are there any more comments on this Ordinanc the proposed Ordinance? PROFESSIONAL REPORTING SERVICE Miami — Hollywood — Ft. Lauderdale— Boca Raton — W. Palm Beach Dade: (305) 651 -0706 • Broward: (305) 920 -4331 • Palm Beach: (407) 697 -2200 • (800) 940 -2200 FAX (305) 651 -0973 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. LYNCH: Let me understand again; let's take a small lot, one that we have some place. MS. ORTHWEIN: Sure, one hundred by one hundred. MR. LYNCH: We don't have any of those? MS. ORTHWEIN: We have a couple over here. MR. MAYER: How big? MR. LYNCH: One hundred by one hundred. MR. BRANDT: Just to give a little idea, on the east side of Gulfstreem, this side, we have two hundred and forty -one lots east of the Intracoastal, which are under twenty thousand square feet, and that would leave us one hundred and fifty buildable lots of over twenty thousand square feet, so you are addressing on this side of town, ninety -one lots that are under twenty thousand square foot. On the other side of town, on the west side, we have ninety -three lots west of the Intracoastal, of which seventy are under twenty thousand square feet, or you have only twenty -three buildable lots over there without getting a variance on your pre- setup, and twenty -three on the other side that are over twenty thousand. MR. LYNCH: Without getting what kind of a PROFESSIONAL REPORTING SERVICE Miami - Hollywood - Ft. Lauderdale- Boca Raton - W. Palm Beach Dade: (305) 651 -0706 • Broward: (305) 920 -4331 • Palm Beach: (407) 697 -2200 • (800) 940 -2200 FAX (305) 651 -0973 L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 variance? MR. BRANDT: Variance on buildings on undersized lots, you would have to get a variance to build on any lot less than twenty thousand square feet. MR. MAYER: We have given a variance on these undersize lots to build. The Ordinance makes you build a three thousand square foot building on an undersize lot and you have to give them a variance, either for that or to build a smaller house, and we have given variances for a smaller house. MR. BRANDT: That's right over on the Place Au Soleil section, that's the reason over there in the last five years there are only a few houses built that are one story, most of them built over in our section is two story houses in the last five or six years, in order to get three thousand square foot of floor space. MS. ORTHWEIN: Really? MR. MAYER: Absolutely. MR. BRANDT: We have another Ordinance that says you must have three thousand square foot of floor space in the house. You can't build a house in town with less than three thousand square PROFESSIONAL REPORTING SERVICE Miami — Hollywood — Ft. Lauderdale— Boca Raton — W. Palm Beach Dade: (305) 651 -0706 • Broward: (305) 920 -4331 • Palm Beach: (407) 697 -2200 • (800) 940 -2200 FAX (305) 651 -0973 W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 foot of floor space, so you take a small lot and tell them they have to put three thousand square feet of floor space, the only way to go is up or else you have to give them a variance to build less than three thousand square foot, if they try to stay all in one floor. MR. MAYER: That's why we have given variances and why we have two story houses. MS. ORTHWEIN: How many variances for building less than three thousand square foot hom do we have? MR. BRANDT: I can only think of one off the top of my head, and this was one house over on Place Au Soleil that was built less than three thousand square foot, and it's the one up against the fence that doesn't have any landscaping. MR. LYNCH: The one where the lady came in wanting a pole? MS. ORTHWEIN: I think you want to keep the minimum three thousand square feet. MR. MAYER: I think if we keep them we have go bear in mind in some instances, we have to give variances because they might not be able to build a house with three thousand square feet without getting variances. PROFESSIONAL REPORTING SERVICE Miami - Hollywood - Ft. Lauderdale- Boca Raton - W. Palm Beach Dade: (305) 651 -0706 • Broward: (305) 920 -4331 • Palm Beach: (407) 697 -2200 • (800) 940 -2200 FAX(305)651 -0973 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. LYNCH: They can build a second floor. MR. MAYER: You know, that's been sort of a bone of contention too, these big houses. Not as far as I'm concerned, I don't think any of the houses are bad looking. I think they look pretty good, because you have to get it somewhere. MRS. SOUDER: As far as oceanfront houses, where does their twenty -five percent -- does it start at the coastal construction line? MR. MAYER: Yes, you have to, and it's going to be worse when that new deal comes there. MR. FLANNERY: It should be about June, and I understand it will be heavily advertised before they even enact it, so long about March, you are going to see ads in the papers and on TV and that sort of thing. MS. ORTHWEIN: It's from the coastal construction line to the road, but most of the houses on the ocean have plenty of property, even though they are massive houses, they seem to have a lot of property. So it's -- MRS. SOUDER: Not a problem. MS. ORTHWEIN: Yes. Primarily it's the small ones. MR. MAYER: Some of those lots are big lots,I PROFESSIONAL REPORTING SERVICE Miami — Hollywood — Ft. Lauderdale— Boca Raton — W. Palm Beach Dade: (305) 651 -0706 • Broward: (305) 920 -4331 • Palm Beach: (407) 697 -2200 • (800) 940 -2200 FAX (305) 651 -0973 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 big enough to handle the requirement, and it's a funny thing, most of your bigger lots are south of the golf course. MR. BRANDT: You have another restriction on the ocean, it's not to the front of the property line. We have from the center line of AlA, we have a seventy -eight foot setback on record and then we still require twenty -five percent from the front of the propery line to the front of the house, so you have two setbacks. You have two setbacks you are working with out in the ocean property on the front, and the coastal constructs : line on the rear. MS. ORTHWEIN: That was the next issue I was going to take up. Maybe we will go straight with the seventy -eight foot setback from the center line of AlA. Do you know what I mean? MRS. SOUDER: Yes. MS. ORTHWEIN: Instead of making them go, which other is greatr. MR. MAYER: I don't think whichever is greater. MS. ORTHWEIN: I'm saying, straight seventy- eight feet. MR. MAYER: What you say is a good idea. PROFESSIONAL REPORTING SERVICE Miami — Hollywood — Ft. Lauderdale— Boca Raton — W. Palm Beech Dade: (305) 651 -0706 • Browerd: (305) 920 -4331 • Palm Beech: (407) 697 -2200 • (800) 940 -2200 FAX (305) 651.0973 L2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. ORTHWEIN: Instead of making people come in from -- MRS. SOUDER: AlA and turning? MS. ORTHWEIN: Especially with the new coastal construction. MRS. SOUDER: I agree. MS. ORTHWEIN: Because with the new coastal construction line, some of them are unbuildable. MR. BRANDT: It all depends on what they set the new coastal construction line at, and you can still get variances on the coastal construction line. MS. ORTHWEIN: You can? MR. BRANDT: Yes, but it's a project with the State then coming into it. MR. MAYER: And the State will tell you what to do and how to do it. MR. BRANDT: Right. Briny Breezes is up for one right now. That's all in the coastal setback and they want to replace the clubhouse, so they are applying for one, but those do get to be complicated variances because you get the State involved in it and it takes quite a bit of time. MS. ORTHWEIN: I think the first thing to do is clear up the Ordinance. Are you all PROFESSIONAL REPORTING SERVICE Miami - Hollywood - Ft. Lauderdale- Boca Raton - W Palm Beach Dade: (305) 651 -0706 • Broward: (305) 920 -4331 • Palm Beach: (407) 697 -2200 • (800) 940 -2200 FAX (305) 651 -0973 13 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 comfortable with the Amendment to the Ordinances? MRS. SOUDER: I am. MS. ORTHWEIN: Are you? MR. MAYER: Yes, I'm comfortable with it. MR. LYNCH: Yes. MS. ORTHWEIN: Because we have a few more things to talk about. MR. FLANNERY: Whenever you are finished with that particular Ordinance portion of it, if it goes into beautification or something and it's no longer a Planning and Zoning meeting, let me know, that's when we stop the tape. MS. ORTHWEIN: Okay. Do I hear a motion to approve the Ordinance, the lot coverage? MR. MAYER: I so move. MR. LYNCH: I second. MS. ORTHWEIN: Aye. MRS. SOUDER: Aye. MR. FLANNERY: Could we for the record, could we show that there are two Planning and Zoning Commissioners that are not here, Mr. Eaton and Mr. Sheehan are not present. MS. ORTHWEIN: Motion was made by Mr. Mayer and was seconded by Mr. Lynch. All three voted for the change in the PROFESSIONAL REPORTING SERVICE Miami — Hollywood — Ft. Lauderdale— Boca Ratan — W. Palm Beach Dade: (305) 651 -0706 • Braward: (305) 920 -4331 • Palm Beach: (407) 697 -2200 • (800) 940.2200 FAX (305) 651 -0973 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ordinance. (Thereupon, the meeting was concluded.) PROFESSIONAL REPORTING SERVICE Miami — Hollywood — Ft. Lauderdale— Boca Raton — W. Palm Beach Dade: (305) 651 -0706 • Broward: (305) 920 -4331 • Palm Beach: (407) 697 -2200 • (600) 940 -2200 FAX (305) 651 -0973 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 THE STATE OF FLORIDA, ) COUNTY OF PALM BEACH. ) I, Judie L. Seech, Court Reporter, do hereby certify that the above metter was heard as hereinabove set out; that I was authorized to and did report in shorthand the proceedings in said meeting, and that the foregoing and annexed pages, numbered from 1 to 15, inclusive, constitute a true and correct transcription of the shorthand report of the proceedings taken during said meeting. IN TESTIMONY WHEREOF, I have hereunto affixed my signature this IZ-.Z.L day of February, 1990. PROFESSIONAL REPORTING SERVICE Miami — Hollywood — Ft. Lauderdale— Boca Raton — W. Palm Beech Dade: (305) 651 -0706 • Broward: (305) 920 -4331 • Palm Beach: (407) 697 -2200 • (800) 940 -2200 FAX (305) 651 -0973 Q mw THE PALM`BEACH POPE Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared J.J. Hollenbeck who on oath says that she/he is Class. Adv. Mgr. of The Palm Beach Post, a daily and Sunday newspaper published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising, being a Notice in the matter of to residents in the - -- Court, was published in said newspaper in the issues of December 21, 1989 Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm 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 she/he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this ldvertisement for publication in the said newspaper. Sworn to and subscribed before me thiss22211 �Vddaay of December A.D. 19 89 � AR T _ k3iA.C"+ F''URilC S l:.lT W F! C'10 Mll NO. 22]232 NOTICE TO RESIDENTS TOWN OF GULF STREAM VARIANCE REQUEST A petition has bean recelvad requesting the following Vari- ance pursuant to Section VII, "R.S." Residential Single -Fam- Ily. District J -1 and K -1 Gull Stream Code of Ordinances: 3813 North Ocean Boulevard. A request to reduce the front yard setback requirement from ninety-one point IIRy- nine last (91.59') of the total lot depth to twenty -five Dery lot de 425%) or fifty-seven blost 15].0'1. By as doing the resident wall be ninety last 190.0'1 Irom the I centerline of Stale Road AtA, which eacgods the Town prs sent requirement of eevenly- elght p8.0'l. Alan, to reduce the required side yard setback from bftoen percent 115 %) to tan percent (10 %), which was allowed at the platting of the lot. Legal description, Lot g3, Block B of plat of Blacks A,B and Z of Palm Beach Shore Acres. Ocean Boulevard Ee- letes. Recorded In Plat Book seven (7), Page fifteen (15( and address being 3813 North Ocean Boulevard, Gulf Stream, Florida. This request will coma before the Planning and Zoning Board for Review at their regu- let meeting January 3, 1990 at 9:00 a.m. and before the GdN Stream Town C.,nmllBlga at Its regular meeting on January 12, 1990, at 9:00 a.m. Both meetings will be held at the Gulf Stream Town Nell, 100 Sea Road. Gulf Stream, Florl- da. All Interested Pardo. will tie given an opportunity to No heard. Richard R. Brandt Building Official Town of Gulf Stream, FL. PUB: Pal. Beach'POat , December 21, 1989.. w O 0 � 4 U r 4 0 C� U Ll s u 0 .0 m a E U LEI m U 0 m W 0 � 4-1 s C� U Ll s u 0 .0 m a E U LEI O THE PALMqEACH POPE Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared J.J. Hollenbeck NO. 227249 NOTICE TO RESIDENTS Class. Adv. Mgr. who on says that is 4 of The Palm Beach Post, The following variance has; oath she/he been requested pursuant to a daily and Sunday newspaper published at West Palm Beach in Palm Beach County, Section IX "O.n." F -1 (Parking Regulations), Gull Stream ton. Ing Ordinance C "O.R." Out. Florida; that the attached copy of advertising, being a door Recreational District. A request to reduce ln. re Notice spaces from °f one hundred; twenty (120) baud on a fire in the matter of to residents occupancy load of 360 par' eon., to one hundred eleven (I 11) parking spaces on Club in the --- Court, was published in said newspaper in P properly. ° Vaces.e °' "' "° 9) parking Spaces. December 22 1989 Property location - lots l6 and "D ", the issues of 16 block Revisal Plat of Block. P 6 E Palm Beach Affiant further says that the said The Post is a newspaper published at West Palm Shaus Acres. Address: 925 NO. ocean Boulevard, Gulf Stream, Fl. 33663, Gull Beach in Palm Beach Count Florida that the has heretofore stream Barn end Tenure clan. said Yr and said newspaper The Town Gull Stream Plar been continuously published in said Palm Beach County, Florida, daily and Sunday and Zoning A w and requs Boats will la- view flu el regular has been entered as second class mail matter at the post office in West Palm Beach, in n Wed Jan. meating on Wadneatlay, Janu- Wednesday, dry 3, 1990 at 9:00 a.m. at the Gull Stream Town Hall. Tha said Palm Beach County, Florida, for period of one year next preceding the first Y P Y P g Town Commission, sitting as the Board Adjustment, publication of the attached copy of advertisement; and affiant further says that she/he of will conduct a Public Hearing at 9:00 ..m. an Friday. January 12, 1990 at the Gulf Stream has neither nor any firm or corporation any discount, rebate, Town Hall, 110 Sea Road, Gulf paid promised person, Stream. for the this dvertisement for in All Interested persons will be commission or refund purpose of securing publication P P g P given an opportunity to be the said newspaper. heard. Richard R. Brandt Building Official Town of Gulf Stream PUB: Palm Basch Poat De°ambe, 22, 1999 22 Sworn to and subscribed before me this day of�'^December A.D. 19 89 �� / -- .TARy PU'DLIC STATE OF FLORIDA My COMPSM41 EXP.NIOV.15,1992 DONT)FD THPU CE;xxmAL ins. UNP: m 7 0 -N U a O O O F-4 rip m 0 U V U 0 w U a d V w d u s U a $ Ga U ;o y m E U T m u