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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. z 0 ID 3 m ry P G IkD O 7 C :r (D N ry ^-7 m cn S O Ky S C r m m N m a Q 7 ° Ga m £ _ N w W Iwo m c- CrJ n •,cj 'o m C C1 ' n N� 0 m N� UQ �CC mm C G N w u9 ro m ry m m m 3 bC w a H m n x � � 5 ••3 H ro U � � W � � C n � N 7 w � m Vol 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