HomeMy Public PortalAbout11/07/1990PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Board of the Town of Gulf
Stream will hold a Public Hearing on Wednesday, November 7, 1990 at
9:00 A.M. and the Town Commission, sitting as the Board of Adjustment,
will hold a Public Hearing on Friday, November 9, 1990 at 9:00 A.M.,
both in the Commission Chambers at the Town Hall, 100 Sea Road, Gulf
Stream, Florida at which the following will be considered:
An application submitted by Mr. & Mrs. Edward Bolter, 2765
Avenue Au Soleil, Gulf Stream, Florida 33483 requesting a
variance from the provisions of the following:
Ordinance 83-1; ZONING, Part II; COMPREHENSIVE ZONING '
ORDINANCE, Section VII; "RS" RESIDENTIAL SINGLE-FAMILY
DISTRICT, Sub Section K; Side Yard Required, Paragraph 1.
to permit an existing screened enclosure to be converted'
to living area. This addition would encroach three and one
tenths (3.1) feet into the required twenty three and three
tenths (23.3) foot side yard setback on the east side.at the
address aforementioned, Lot 92, Place Au Soleil.
ALL PERSONS INTERESTED in this matter may appear before the 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
PLANNING BOARD OR THE TOWN COMMISSION, SITTING AS THE BOARD OF ADJUSTMENT,
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: October 12, 1990 TOWN OF GULF STREAM, FLORIDA
Publish: Palm Beach Post -Times _ � _
lst Publication: October 22, 1990 , /
2nd Publication: November 1, 1990 Rita L. Taylor V
Town Clerk
r
THIS NOTICE IS PUBLISHED PURSUANT TO THE TOWN OF GULF STREAM CODE OF
LAWS AND ORDINANCES AND IS POSTED AT THE GULF STREAM TOWN HALL IN A
CONSPICUOUS LOCATION OUTSIDE THE FRONT DOOR.
N
O
REGULAR MEETING AND PUBLIC HEARING OF THE PLANNING BOARD OF THE TOWN OF
GULF STREAM, FLORIDA HELD IN THE TOWN HALL ON WEDNESDAY, NOVEMBER 7, 1990
AT 9:00 A.M.
I. The meeting was called to order at 9:00 A.M. by William Mayer,
Chairman
II. Roll Call
Present: William Mayer Chairman
Charles Eaton Vice Chairman
William Lynch Board Member
Joan Orthwein Board Member
Sherwood Sheehan Board Member
Also Present:
III. Minutes
Frank Flannery
John Randolph
Richard Brandt
Edward Bolter
Roy Simon
John Johnson
John Breazeale
Town Manager
Town Attorney
Code Enforcement Officer
Applicant
Architect for Mr. Bolter
Historic Preser. Board
Task Force Committee
Mr. Lynch moved that the minutes of the Regular Meeting and
Public Hearing of October 3, 1990 be approved as circulated,
seconded by Mr. Sheehan and all voted AYE.
IV. Additions, withdrawals, deferrals, arrangement of agenda items
There were none.
V. PUBLIC HEARING
A. Variance
1. Mr. & Mrs. Edward Bolter, 2765 Ave. Au Soleil, Gulf
Stream, Florida 33483 requesting a variance to permit an
existing screened enclosure to be converted to living
area. This addition would encroach 3.1' into the
required 23.3' east side yard setback at the address
aforementioned, Lot 92, Place Au Soleil.
Mr. Bolter and Mr. Simon, Mr. Bolter's architect, confirmed
that the proposed enclosure for living area would not extend
beyond the area that is presently enclosed by a screen which
is a portion of the pool screen enclosure. Mr. Eaton inquired
if the Place Au Soleil Homeowners Association had any objections
or if the neighbors had objected to the proposed renovation.
Mr. Brandt advised that to the best of his knowledge, the
Homeowners had not seen the plan unless they had received
one of the notices sent to the neighbors and contacted Mr.
Bolter. He added that there had been no objections from
any of the neighbors. Mr. Lynch moved and Mr. Eaton seconded
that the granting of .the variance as requested be recommended
for approval providing there was no objection from the Home-
owners Association. All voted AYE.
Town Manager Flannery advised he would contact the Homeowners
Association at once and would advise each member of the Planning
Board before the end of the day.
Regular Meeting and Public Hearing -Planning Board page 2
November 7, 1990
VI. Site Plan Review
A. Mr. & Mrs. Edward Bolter, 2765 Ave. Au Soleil, Gulf Stream,
Florida 33483 -Converting existing screened enclosure to
living area.
Mr. Lynch moved and Mr. Sheehan seconded that it be recommended
that the site plan be approved as presented, provided there
are no objections from the Homeowners Association. All voted
l ) AYE.
Town Manager Flannery asked to be recognized and advised that
he had just spoken to Mr. Karl Brenner of the Place Au Soleil
Homeowners Association, the President, and had been advised
that the Homeowners Association has no objection to the grantinc
of the variance and approval of the site plan for Mr. Bolter.
B. James Orthwein, 535 Banyan Rd., Gulf Stream, Florida 33483 -
Addition of a swimming pool and deck, a dock and a 4' high
fence around the rear yard at 530 Banyan Rd., Lot 4, Block
3, Polo Fields Plat No. 1.
Mrs. Orthwein advised she would not be participating in the
discussion or the vote as Mr. Orthwein is a relative and she
may have a conflict of interest.
lir. Eaton questioned if there were any variances required
in order to make the requested site improvements and was
advised by Mr. Brandt that no variances were necessary, that
the requested improvements meet the provisions of the code.
Mr. Lynch moved and Mrs. Sheehan seconded that approval of the
site plan as presented be recommended and the vote was: Mr.
Eaton; AYE, Mr. Lynch; AYE, Mr.Sheehan; AYE and Chairman Mayer;
AYE;
VII. Assignments from the Town Commission -
A. Additional Review
1. Historical Preservation Ordinance/Landmark Designations
Mr. John Breazeale was recognized as a representative of
the Task Force Committee. He reviewed the action on the matter
to date advising that the Task Force Committee, in the late winter
of 1990 had requested that the Commission consider a Historical
^ Preservation Ordinance which would include Landmark Designation
( ) provisions, noting that a Historical Preservation Ordinance would
be necessary to meet the provisions in the Comprehensive Plan. He
went on to state that the proposed ordinance being discussed at
this meeting was presented at a joint meeting of the Town Commissior
and members of the Planning Board on May 9, 1990 at which time
it was determined that a Public Hearing on the matter would be
held in the Fall, when residents would have returned for the season,
He further advised that at the meeting of the Town Commission in
October, 1990, the Commission directed that the matter be once
again reviewed by the Planning Board and that a recommendation
regarding adoption of the proposed ordinance be presented to them
at their Special Meeting to be held on November 28, 1990 along
with a document from Attorney Randolph reflecting the recommendation
Regular Meeting and Public Hearing- Planning Board page 3
November 7, 1990
Chairman Mayer advised that his feelings on the provision for
Landmark Designations had not changed, and any landmark designation
should only be at the request of the property owner. Mr. Lynch
felt that a Historical Preservation Ordinance with Landmark
Designation provisions was needed but agreed that it should be
a voluntary designation as the property owner should not be
^ required to expend time and funds to protest a designation
l ) placed on their property by the Town. Mr. Sheehan agreed.
Mr. Johnson, of the Historical Preservation Board, speaking from
the audiance, observed that the Town's zoning is not voluntary
and residents are forced to expend time and funds for variances
in this regard. Mr. Eaton replied that this is not a proper
comparison in that zoning applies to everyone in the Town while
Landmark Designations would be singling out individuals on which
to apply restrictions regarding their property.
It was pointed out, from the audiance, that the Ordinance proposed
would also create Historical Districts which would in turn help
protect the Australian Pine trees along AlA and it was questioned
as to how this could be accomplished if designations were to
be on a voluntary basis. All members of the Planning Board agreed
that whether it be thru the Historical Preservation Ordinance or
some other document, every effort should be made to protect the
pine trees.
Mr. Lynch moved that it be recommended to the Town Commission that z
Landmark Ordinance be adopted but that such designations be
voluntary, and that the Historical Preservation Ordinance as
proposed be changed by the Town Attorney to reflect the intent.
The motion was seconded by Mrs. Orthwein and all voted AYE.
2. Establishment of an Architectural Review Board
Mr. John Breazeale, a representative of the Task Force
Committee advised that the matter of an Architectural Review Board
was also considered at the joint meeting of the Town Commission
and the Planning Board on May 9, 1990 at which the Commission had
agreed in part to the recommendations of the Task Force Committee.
He stated that he had understood that the Committee was to attempt
to fit the duties of an Architectural Review Board into those of
the Planning Board with an additional member added who would be
an Architect. He went on to advise that the Committee had prepared
i� a letter to Mr. Randolph, a copy of which had been included in
`J the agenda packet, with their suggestions and Attorney Randolph
had presented it to the Town Commission at the meeting of October
18, 1990. Mr. Breazeale then stated that the Town Commission had
at that point referred the matter to the Planning Board for ad-
ditional review.
All members of the board agreed that there should not be another
Board established and that the duties be added to the Planning Board
Chairman Mayer felt that if an architect were to be added, it should
be a retired architect to avoid a conflict of interest. Attorney
Randolph advised that regardless of the architects status, if an
item was being considered that would result in a conflict of
interest, the architect would have to abstain from discussion and
subsequent vote.
Regular Meeting and Public Hearing -Planning Board page 4
November 7, 1990
Mrs. Orthwein moved to recommend to the Town Commission that the
Planning Board take over the functions of an Architectural
Review Board and that those be incorporated into the present
zoning ordinance, and to recommend that there be an architect
added to the Board. The motion was seconded by Mr. Lynch.
During Discussion, Mr. Lynch pointed out that there had been a
suggestion that the title of "Planning Board" be changed to
indicate that the body also functions as an Architectural Review
Board and he felt that that should be addressed. There were
various suggestions, one of which was "Architectural Review and
Planning Board". Attorney Randolph suggested that he be given
some time to consider this assuring the Board that their suggestion:
would be conveyed to the Town Commission. The question was called
by Chairman Mayer. Roll Call: Mrs. Orthwein; Yea, Mr. Lynch; Yea,
Mr. Sheehan; Yea, Mr. Eaton; No vote was cast and is therefore
counted as a Yea, Chairman Mayer; Yea. The vote was unanimous.
VIII. Items by Staff
A. Report of Construction in Progress
The report as circulated indicated there to be a total
$10,778,041.00 of work in progress during the month of October, 199(
IX. Items by Board Members
There were no items by any of the Board Members.
X. Public
There was no comment from the public.
XI. Adjournment
Mrs. Orthwein moved and Mr. Sheehan seconded that the meeting be
adjourned and Chairman Mayer adjourned the meeting at 10:10 A.M.
after all voted AYE.
Chairman Mayer
Vice Chairman Eaton
01 Mr. Lynch
ATTEST:
1�4
Rita Tayloz7 Town Clerk
Mrs. Orthwein
Mr. Sheehan
CHAIRMAN:
VICE CHAIRMAN:
BOARD MEMBER:
William Mayer
Charles Eaton
William Lynch
Joan Orthwein
Sherwood Sheehan
LIUV CLlWC1 1, 1JVu
REGULAR MEETING AND PUBLIC HEARING OF THE PLANNING BOARD OF THE TOWN OF
GULF STREAM, FLORIDA TO BE HELD ON WEDNESDAY, NOVEMBER 7, 1990 AT 9:00
A.M. IN THE TOWN HALL OF GULF STREAM, 100 SEA ROAD, GULF STREAM, FLORIDA.
AGENDA
I. Call to Order
II. Roll Call
III. Minutes of the Regular Meeting & Public Hearing of October 3, 1990
IV. Additions, withdrawals, deverrals, arrangement of agenda items.
V. PUBLIC HEARING
A. Variances
1. Mr. & Mrs. Edward Bolter, 2765 Ave. Au Soleil, Gulf Stream,
Florida 33483 requesting a variance to permit an existing
screened enclosure to be converted to living area. This
addition would encroach 3.1' into the required 23.3' east
side yard setback at the address aforementioned, Lot 92,
Place Au Soleil.
VI. Site Plan Review
A. Mr. & Mrs. Edward Bolter, 2765 Ave. Au Soleil, Gulf Stream,
Florida 33483 -Converting existing screened enclosure to
living area.
B. James Orthwein, 535 Banyan Rd., Gulf Stream, Florida 33483 -
Addition of a swimming pool and deck, a dock, and a 4' high
fence around the rear yard at 530 Banyan Rd., Lot 4, Block 3,
Polo Fields Plat No. 1.
VII. Assignments from the Town Commission
A. Additional Review
1. Historical Preservation Ordinance/Landmark Designations
2. Establishment of an Architectural Review Board
VIII. Items by Staff
A. Report of Construction in progress
IX. Items by Board Members
X. Public
XI. Adjournment
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE
PLANNING BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING,
SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE,
MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. 286.0105, F.S.S.
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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
MAILING ADDRESS
543 Palm Way
(11)
Gulf Stream,
IL, COMMISSION, AUTHORITY, OR COMMITTEE
WHICH I SERVE IS A UNIT OR
Palm Beach 'MATY :!COUNTY 11 OTHER LOCAL AGENCY
Town of Gulf Str
MY POSITION IS:
ELECTIVE
WHO MUST FILE FORM BE
:.XWPOINTIVE
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bo)lies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary gieatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and riling this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
Cperson holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
• You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
911 111 X6 PAGI i
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING:
• You should disclose orally the nature of your conflict In the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF STATE OFFICER'S INTEREST
1. Joan Orthwein , hereby disclose that on Nnvpmher 7 IQ 9 0 , 19 .
(a) A measure came or will come before my agency whigh (check one)
_ inured to my special private gain; or to related
I.
X inured to the special gain of Tamps nri-hWKKwhgm I art %
(b) The measure before my agency and the nature of my interest in the measure is as follows:
The Planning Board, of which I am a member, was considering
a site plan to add a swimminq pool and deck, a dock and a fence
on property owned by my brother—in—law.
Date Filed 11-7-90
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
PAGE
CE FORM 811 - In 86