HomeMy Public PortalAbout08/21/1991PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Architectural Review and Planning
Board of the Town of Gulf Stream, Florida will hold a Public Hearing
on Wednesday, August 21, 1991 at 9:00 A.M. and the Town Commission,
sitting as the Board of Adjustment, will hold a Public Hearing on
Friday, September 13, 1991 at 4:00 P.M., both in the Commission
Chambers at the Town Hall, 100 Sea Road, Gulf Stream, Florida at which
time a three part request submitted by Digby Bridges, Marsh & Associates
as Agent for Mrs. Jane Speer, for variances and a waiver from certain
zoning regulations more particularly discribed below, for a parcel of
lana generally located at 2817 N. Ocean Blvd., Gulf Stream, Florida,
legally described as the North 300 feet of Government Lot 3 Section
3/46/43 will be considered.
Request 1. A VARIANCE from the provisions of 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, in the event the southern
100 feet of the subject property becomes a new lot, a 13 foot
encroachment of a bathouse structure in the required 30 foot
side yard setback and an 8 foot encroachment of an existing
pool into the 15 foot required side yard setback, both of which
being located on the south side of the remaining, developed,
northern 200 feet of the subject property.
Request 2. A VARIANCE from the provisions of 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, in the event the southern
100 feet of the subject property becomes a new lot, a 2 foot
encroachment of a proposed pool into the required 15 foot side
yard setback to be located on the north side of the southern 100
feet of the subject property.
Request 3. A WAIVER from a zoning in progress provision regulating
the Maximum Finished First Floor Elevation enacted by the Town
Commission on July 19, 1991 to permit, in the event the southern
100 feet of the subject property becomes a new lot, a proposed
finished first floor elevation of 1.5 feet greater than the
15.51 feet that is permitted under the referenced provision to
be located on the southern 100 feet of the subject parcel, which
would be the site for construction of a proposed single family
dwelling and accessory structures.
ALL PERSONS INTERESTED in these matters may appear before the
Architectural Review and 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
ARCHITECTURAL REVIEW AND 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 TESTOMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S.
Dated: August 1, 1991 TOWN OF GULF STREAM, FLORIDA
Publish: Palm Beach Post -Times i ,- _-_/
1st Publication: August 7, 1991 (4( � r, Y, (,
2nd Publication: August 16, 1991 Rita L. Taylor, Tq<In Clerk
3rd Publication: September 8, 1991
THE PALM BEACH POST
Published Daily and Sunday
West Palm Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
Chris Bull
Before the undersigned Classity Sallespeared
Mqr of The Palm Beach Post,
who on oath says that she/hhee is is
a daily and Sunday newspaper published at West Patin Beach in Palm Beach County,
Florida; that the attached copy of ot ti being a
PUblic Hearing
in the matter of
--- Court, was Published in said newspaper in
in the
the issues of August 7 6
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 nest 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 advertisement for publication in
the said newspaper.
16 day of August A.D. 19 91
Sworn to and subscribed before me this
4z >�
,.J04
NO. 4155M
August 21, 1911/ at 9e10 A.Y.
end the Lommlwlon, stl-
tlnp ea Gas BOW
al AElust•
W.1, wM MY a PuOtic Near•
Ing on Friday. SepYmber 1],
1991 at 4:00 P.Y., Mth In IM
,n,nl..rnn Gar al iM
'Town 1faE, lgg bas noes, vaso
so -w,. F'Iwlda a wham Wre
liras tnR requast e,iadtled
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=SIX.
fi wen. 10Af11ashi1palnal looting
r , wwris P.ticeWry
dnoted below, for • peace!
ane generally located at
2817 N. Deem Blvd.. ll OWI
Strum, sFlorida.N legally ee•
01 Gov as en start 300 tut
of Government Lot ] Section
1146/,n,
S/48/a] . M RLUNdered.
Nue pro is A YARMNCE from
8M ZONING,ions of Ordinance11;COW
80-1: ZONING, ZONING
II; COW
NANCE, S.W. 20NING ORO"
REST E, IALSIWl; "RS"
RESIDENTIAL SectionNGLEAYhh,
ILY
DISTRICT, Sub Section K; Slee
Yere RegNnd, Paragraph hear 1 to !
yermo, In N• of t iM abject V
, 100 fast al iM w lot.. I
e13 goat benornechmen" or a
ethouea structure In tin re -
quit" SO foal slde Yere set•
back and en S foot encroecR
mut of an existing pool Into
tM 15 foal required side yard
setback, both of whim being
located on U,s south aide of
rhs ramaMmg, develoasd,
northern 200 MI of UY .-b-
from
TWO
am 100 fast of the subject
property becomes a new lot, a
2 loot •ncroaehment of a P.
posed pool Into the required I
15 (Out side yard NN,Nk to
M located an the north sMe
of the southern 100 Ml of
Ws subject pnpertg
Request S. A WAIVES horn a
zoning In progress provision
regulating 00 Yazlmum Fin•
Ished First Floor Elevtlon em
ii by the Town Downs.
Non on Jury 19, 1981 to
p•rmH, In the event N• "UW
em tM fast of tM subject
n.nperty become a new b4 a
W Wf,ba i flnl Door
than the 16.51 fast dust Is per
mlHad uncle, Uw amaced
provision t0 be locetse the
t
soumem 1DO fast Of tM sob-
tett pWcaL whim would M
floe site for constructbn of as
:Mae manere may appear be -
non In. Architectural Review
and Planning Board and the
Town Commission of U•
Town of Gulf Sb•am at the
times and place aforesaid and
b• hum.
SHOLIN ANY INTERESTED
PATY SEEK TO APPEAL ANY
DECISION MADE BY THE AR-
CHITECTURAL REVIEW AND
PLANNING BOARD OF THE
TOWN COMMISSION, SITTING
AS THE BOARD OF ADJUST-
MENT, WIN RESPECT TO
ANY MATTER CONSIDERED AT
THESE PUBLIC HEAIUNGS,
SAID PARTY WILL NEED A RE-
CORD OF THE PROCEEDINGS,
AND FOR SUCH PURPOSE,
MAY NEED TO INSURE THAT A
VERBATIM RECORD OF ME
PROCEEDINGS 19 MADE,
WHICH RECORD INCLUDES
THE TESTIMONY AND EVI-
DENCE
VHDENCE UPON WNICH THE AN
PEAL IS TO BE BASED.
288.0105, F.S.S.
TOWN OF
GULF STREAM, FLORIDA
Site L. Taylor, Town Claret
PUB: Palm 8•ach Post
August T. 16, 1981
��1
C H A I R M A N :
V I C E C H A I R M A N :
B O A R D M E M B E R :
A L T E R N A T E M E M B E R :
J o a n O r t h w e i n
W i l l i a m L y n c h
D o n a l d M c G r a w , J r .
S a m u e l O g r e n , J r .
S u s a n n a S o u d e r
J o a n L a P o r t e
A . C u r t i s T r u e
A u g u s t 1 6 , 1 9 9 1
R E G U L A R M E E T I N G A N D P U B L I C H E A R I N G B E I N G H E L D B Y T H E A R C H I T E C T U R A L
R E V I E W A N D P L A N N I N G B O A R D O F T H E T O W N O F G U L F S T R E A M , F L O R I D A O N
W E D N E S D A Y , A U G U S T 2 1 , 1 9 9 1 A T 9 : 0 0 A . M . I N T H E T O W N H A L L , 1 0 0 S E A
R O A D , G U L F S T R E A M , F L O R I D A .
A G E N D A
I . C a l l t o O r d e r
I I . R o l l C a l l
I I I . M i n u t e s
A . R e g u l a r M e e t i n g a n d P u b l i c H e a r i n g o f J u l y 1 7 , 1 9 9 1
B . J o i n t W o r k s h o p M e e t i n g o f J u l y 1 7 , 1 9 9 1
I V . A d d i t i o n s , w i t h d r a w a l s , d e f e r r a l s , a r r a n g e m e n t o f a g e n d a i t e m s
V . P U B L I C H E A R I N G
A . V a r i a n c e
1 . M a r k M a r s h o f D i g b y B r i d g e s , M a r s h & A s s o c i a t e s , A g e n t
f o r M r s . T a l b o t S p e e r , 2 8 1 7 N . O c e a n B l v d . , G u l f
S t r e a m , F 1 . r e q u e s t i n g a v a r i a n c e t o p e r m i t a 1 3 '
e n c r o a c h m e n t o f a b a t h o u s e s t r u c t u r e i n t o t h e r e q u i r e d
3 0 ' s o u t h s i d e y a r d a n d a n 3 ' e n c r o a c h m e n t o f a p o o l
i n t o t h e r e q u i r e d 1 5 ' s o u t h s i d e y a r d , b o t h o f w h i c h
a r e e x i s t i n g , o n t h e n o r t h 2 0 0 ' o f a 3 0 0 ' p a r c e l . T h e
e n c r o a c h m e n t s w o u l d b e c r e a t e d i f t h e s o u t h 1 0 0 ' o f t h e
3 0 0 ' p a r c e l i s u s e d t o c r e a t e a n e w l o t .
A n d a l s o , a v a r i a n c e i s r e q u e s t e d t o p e r m i t a 2 '
e n c r o a c h m e n t o f a p r o p o s e d p o o l i n t o t h e r e q u i r e d 1 5 '
n o r t h s i d e y a r d o f t h e s o u t h e r n 1 0 0 ' o f t h e 3 0 0 ' p a r c e l
i f a n e w l o t i s c r e a t e d w i t h t h e s o u t h 1 0 0 ' .
A n d f u r t h e r , a w a i v e r f r o m a z o n i n g i n p r o g r e s s p r o v i s i o n
r e g u l a t i n g t h e M a x i m u m F i n i s h e d F i r s t F l o o r E l e v a t i o n i s
r e q u e s t e d t o p e r m i t t h e f i n i s h e d f i r s t f l o o r e l e v a t i o n
o f t h e p r o p o s e d s i n g l e f a m i l y d w e l l i n g t h a t w o u l d b e
c o n s t r u c t e d o n t h e s o u t h 1 0 0 ' o f t h e 3 0 0 ' p a r c e l , i f a
n e w l o t i s c r e a t e d , t o b e 1 . 5 ' h i g h e r t h a n t h e 1 5 . 5 1 '
p e r m i t t e d . ( P r o p o s e d O r d . 9 1 / 2 2 )
A l l r e q u e s t s a r e i n v o l v e d w i t h t h e p r o p e r t y b e a r i n g t h e
a d d r e s s o f 2 8 1 7 N . O c e a n B l v d . , G u l f S t r e a m , F 1 . , t h e
l e g a l d e s c r i p t i o n b e i n g : T h e n o r t h 3 0 0 ' o f G o v t . L o t 3 ,
S e c t i o n 3 , T o w n s h i p 4 6 S o u t h , R a n g e 4 3 E a s t , l y i n g e a s t
o f O c e a n B l v d . ( S t a t e R o a d A l A ) .
V I . S i t e P l a n R e v i e w
A . M a r k M a r s h o f D i g b y B r i d g e s , M a r s h & A s s o c i a t e s , A g e n t f o r
M r s . T a l b o t S p e e r , 2 8 1 7 N . O c e a n B l v d . , G u l f S t r e a m , F 1 . -
C o n s t r u c t i o n o f a s i n g l e f a m i l y d w e l l i n g & a c c e s s o r y s t r u c t u r e s
o n t h e s o u t h 1 0 0 ' a t t h e a d d r e s s a f o r e m e n t i o n e d .
1 . L a n d C l e a r i n g P e r m i t ( P r o p o s e d O r d . 9 1 / 2 1 )
2 . V e g e t a t i o n D i s t u r b a n c e P e r m i t ( P r o p o s e d O r d . 9 1 / 1 6 )
AGENDA CONTINUED
VII. Assignments from the Town Commission
A. Proposed Ordinances
1. Ordinance No. 91/16; Amending Ordinance 83-1
by establishing an overlay district known as
the North Ocean Blvd. District within the RS,
RM and OR Zoning Districts.
2. Ordinance No. 91/21; Providing that it shall
be unlawful to remove trees, move soil or conduct
land clearing activities without first having
obtained a Land Development Permit from the Town.
3. Ordinance No. 91/22; Amending Ordinance 83-1 to
provide for a maximum height for the first floor
finished floor elevation in all zoning districts.
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
ARCHITECTURAL REVIEW AND PLANNING BOARD WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING AND/OR PUBLIC HEARING, 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.
X
REGULAR MEETING AND PUBLIC HEARING OF THE ARCHITECTURAL REVIEW AND
PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA HELD IN THE TOWN
HALL ON WEDNESDAY, AUGUST 21, 1991 AT 9:00 A.M., 100 SEA ROAD, GULF
STREAM, FLORIDA.
I. The meeting was called to order at 9:00 A.M. by Joan Orthwein,
Chairman.
II. Roll Call
Present: Joan Orthwein
Donald McGraw, Jr.
Samuel Ogren, Jr.
Joan LaPorte
Curtis True
Absent: William Lynch
Susanna Souder
Chairman
Board Member
Board Member
Alternate Member
Alternate Member
Vice Chairman (with notice)
Board Member (with notice)
Also Present:Franklin Flannery Town Manager
John Randolph Town Attorney
Rita Taylor Town Clerk
Ramsey Speer Applicant (representative)
Mark Marsh Applicant's Agent
William Lamson Owner/Builder
III. Minutes
A. Regular Meeting & Public Hearing of July 17, 1991
Mrs. LaPorte moved that the minutes be approved as circulated, seconded
by Dr. True and all voted AYE on a roll call vote.
B. Joint Workshop Meeting of July 17, 1991
Dr. True moved to approve the minutes as circulated, seconded by Mr.
McGraw and all voted AYE on a roll call vote.
IV. Additions, withdrawals, deferrals arrangement of agenda items.
There were none
V. PUBLIC HEARING
A. Variance
1. Mark Marsh of Digby Bridges, Marsh & Associates, Agent
for Mrs. Talbot Speer, 2817 N. Ocean Blvd., Gulf
Stream, F1.
a. Requesting a variance to permit a 13' encroachment
of a bathhouse structure into the required 30'
south side yard and an 8' encroachment of a pool
into the required 15' south side yard, both of
which are existing, on the north 200' of a 300'
parcel. The encroachments would be created if
the south 100' parcel is approved for development
of a single family dwelling.
Mr. Marsh explained that a variance had been granted in 1990 to
permit the Eeencroachments provided that the south bathhouse and pool
equipment which encroach into the south 100' of the 300' parcel were
removed. Inasmuch as the variance had expired, it is now necessary
to reapply. He stated that even tho they will be willing to remove
the encroachments into the south 100' portion, they would prefer to
have them remain with a variance being granted for the encroachments
on both parcels and an easement being granted to cover the encroachment.
Attny. Randolph advised it would be necessary to advertise if this
is to be requested and an expected 2 month delay would result.
Regular Meeting & Public Hearing page -2-
ARPB-August 21, 1991
Mr. Marsh stated that in an effort to expedit the project, he wished
to continue on with the request as submitted and then on conferring
with his clients Mrs. Speer and Mr. Vander Wolk, the prospective
purchaser of the south 1001, my return with an amended request. He
added that the south bathhouse was a part of the existing Speer
residence and was needed to give balance. In addition, he pointed
O out that this dwelling and accessory structures do have some historical
significance which would be marred by the removal of the south bathhouse.
Mr. Ramsey Speer felt that the 300' should not be considered as one
parcel since the 100' was purchased at a different time then the 200'
foot and deeded separately. It was explained that by them both being
in the same ownership and structures having being built on both lots,
it was developed as one parcel. Mr. Speer stated that the family
was not aware until recently that structures had been built on the
100' parcel.
Mr. McGraw moved that it be recommended to the Town Commission that
the variance as requested to permit the encroachment of the north bath-
house by 13' into the south side yard setback and the encroachment
of the pool by 8' into the south side yard setback be approved with
the south bathhouse being removed and the pool equipment being
relocated. The motion was seconded by Mr. Ogren. Roll Call: Mr. McGraw;
AYE, Mrs. LaPorte; AYE, Dr. True; AYE, Mr. Ogren; AYE, and Chairman
Orthwein; AYE.
b. Requesting a variance to permit a 2' encroachment
of a proposed pool into the required 15' north
side yard of the southern 100' of the 300' parcel
if a new lot is created with the south 100'
Mr. Marsh explained that inasmuch as there is a 4 story building on
the south side adjacent to the property, it had been necessary to
create a three sided design since the south side could not be utilized.
He pointed out that all of the required setbacks and lot coverage
provisions and regulations had been met with the exception of the pool
and the shading from the 4 story building had made it necessary to
move the pool into the setback on the north side. He further called
attention to the letter from Mrs. Speer which stated that she had
no objection to the setback encroachment of the pool. Mr. Marsh
advised that Mrs. Speer's pool was much further to the east than
that proposed for the south 1001, and that there is an existing
wall at the property line and an additional 7' wall would be
constructed on the north side of the proposed pool deck, all of which
would afford privacy for both.
Mr. McGraw believed there is a hardship with having a 4 story building
along side and that it is a unique circumstance. He then moved that
it be recommended to the Town Commission that the variance for the
2' encroachment of the proposed pool be granted as requested, seconded
by Dr. True. Roll Call: Mr. McGraw; AYE, Mrs. LaPorte; AYE, Dr.
True; AYE, Mr. Ogren; AYE, and Chairman Orthwein; AYE.
Regular Meeting & Public Hearing page -3-
ARPB-August 21, 1991
C. Requesting a waiver from a zoning in progress
provision regulating the Maximum Finished First
Floor Elevation to permit the finished first
floor elevation of the proposed single family
dwelling that would be constructed on the south
100' of the 300' parcel, if a new lot is created,
to be 1.5' higher than the 15.51 permitted.
O(Proposed Ord. 91/22)
Mr. Marsh stated that in addition to the negative impact of the 4
story building on the south that had been previously discussed, the
applicant had been required by the Department of Environmental
Resources Management of Palm Beach County to observe a very large
setback from the State's Coastal Construction Setback Line, forcing
the dwelling to be constructed on the lower grade elevation of the
property. Mr. Marsh believed that the DERM line is generally near
the same location as the Coastal Construction Setback Line, rendering
this an unusual circumstance. Mr. Ogren questioned how high the
proposed elevation at +17' above 0 sealebel would be above the grade.
Mr. Marsh replied that it would be approximately 2.5' higher. Mr.
Ogren observed that this would not cause a runnoff problem for the
neighbors and that he felt the +17' was a realistic figure, adding
that the last house he designed on the beach in Gulf Stream is also
at +17' which has worked out well.
Mrs. LaPorte suggested that perhaps the restrictions in the proposed
ordinance that will be considered later on the agenda, dealing with
maximum floor elevations, should be reviewed with the thought that
there should be some different guidelines for ocean front property.
Mr. Marsh also felt there was additional hardship at the +15.5'
figure due to the vulnerability to storm surge. Mr. William
Lamson from the public advised that he has a similar situation with
having a 5 story building to the north of his property and the
DERM line restriction. He encouraged the Board to revisit the
provisions proposed in the new ordinances.
Dr. True moved that it be recommended to the Town Commission that the
request for a waiver from the Zoning in Progress Provision to permit
the proposed structure to be constructed with the finished floor
elevation at +17' above 0 sea level elevation be approved. The
motion was seconded by Mr. McGraw. Roll Call: Mr. McGraw; AYE, Mrs.
LaPorte; AYE, Dr. True; AYE, Mr. Ogren; AYE, and Chairman Orthwein;
AYE.
\ IV. Site Plan Review
A. Mark Marsh of Digby Bridges, Marsh & Associates, Agent
for Mrs. Talbot Speer, 2817 N. Ocean Blvd., Gulf Stream,
F1. -Construction of a single family dwelling & accessory
structures on the south 100' at the address aforementioned,
legally described as the south 100' of the north 300' of
Government Lot 3, Section 3, Township 46 South, Range
43 East, lying east of Ocean Blvd., (State Road AlA)
Regular Meeting & PUblic Hearing
ARPB-August 21, 1991 page -4-
Mark Marsh, Agent for Mrs. Talbot Speer, stated that the site plan
had been covered in the variance and waiver requests and that he would
be happy to answer .any questions regarding the proposed construction.
He added that the only thing he would like to add is that the color
of the structure would be light beige with a blended terra cotta barrel
tile roof as shown on the color rendering he displayed. He also
called attention to the line of sight that had been drawn to demonstrate
O that the garage door was not visible from AlA. Mr. Ogren moved that
the Board recommend to the Town commission approval of the site plan
as presented, seconded by Mr. MdGraw. Roll Call: Mr. McGraw; AYE,
Mrs. LaPorte; AYE, Dr. True; AYE, Mr. Ogren; AYE, and Chairman
Orthwein; AYE.
1. Land Clearing Permit (Proposed Ord. 91/21)
Calling attention to the request as submitted, Mr. Marsh stated they
plan to relocate 10 existing seagrape trees and remove 2 existing holly
trees to accomodate driveway installation. In the area of the proposed
building and pool, it is necessary to relocate 9 seagrapes, remove 13
Australian Pines, remove 1 holly and remove 1 Melaleuca. He pointed
out that all existing vegetation along AlA would remain with the
exception of 4 Australian Pines which would be removed for the drive-
way entrance. Mr. McGraw moved and Dr. True seconded that it be
recommended that the Land Clearing Permit be approved. Roll Call: Mr.
McGraw; AYE, Mrs. LaPorte; AYE, Dr. True; AYE, Mr. Ogren; AYE, and
Chairman Orthwein; AYE.
2. Vegetation Distrubance Permit (Proposed Ord. 91/16)
Mr. Marsh advised the existing wall along AlA would be modified to
accomodate the driveway entrance and would be increased to approximately
7' above grade. The permit also asks to remove 4 Australian Pines
to provide driveway access. He called attention to a copy of the
permit applications that had been filed with DOT for these improvements
and stated that it is expected that there will be a reply from DOT
prior to the Public Hearing that will be held by the Town Commission.
Dr. True moved and Mr. McGraw seconded that it be recommended to the
Town Commission that the Vegetation Disturbance Permit be approved as
requested. Roll Call: Mr. McGraw; AYE, Mrs. LaPorte; AYE, Dr. True;
AYE, Mr. Ogren; AYE, and Chairman Orthwein; AYE.
VII. Assignments from the Town Commission
A. Proposed Ordinances
1. Ordinance No. 91/16; Amending Ordinance 83-1 by
establishing an overlay district known as the
North Ocean Blvd. District within the RS, RM, and
OR Zoning Districts.
Q Dr. True moved that the Board recommend adoption of Ord. No. 91/16,
seconded by Mr. McGraw. Roll Call: Mr. McGraw; AYE, Mrs. LaPorte;
AYE, Dr. True; AYE, Mr. Ogren; AYE, and Chairman Orthwein; AYE.
2. Ordinance No. 91/21; Providing that it shall be
unlawful to remove trees, move soil or conduct
land clearing activities without first having
obtained a Land Development Permit from the Town.
Dr. True felt that in the first paragraph of Section 1. the words
"native non -nuisance" should be deleted when describing a tree. He
felt that there could be non-native and possibly even a nuisance tree
that was placed in a unique location that in some circumstances could
be desireable to preserve. The members on the Board were in agreement.
Regular Meeting & Public Hearing
ARPB-August 21, 1991 page -5-
Mr. McGraw moved that Ordinance No. 91/21 be recommended for adoption
provided the words "native non -nuisance" be deleted from the first
paragraph of Section 1. The motion was seconded by Mrs. LaPorte.
Roll Call: Mr. McGraw; AYE, Mrs. LaPorte; AYE, Dr. True; AYE, Mr.
Ogren; AYE, and Chairman Orthwein; AYE.
3. Ordinance No. 91/22; Amending Ordinance 83-1 to
^ provide for a maximum height for the first floor
( ) finished floor elevation in all zoning districts.
After having reviewed the variance request from Mrs. Speer regarding
the maximum finished floor elevation that was on the first portion of
the agenda, the members of the Board felt some additional study was
needed with regard to parcels of land along the ocean front. Dr. True
moved that Ordinance No. 91/22 be recommended for adoption with the
provision that the Staff be directed to give additional study to
establishing a different formula for computing the maximum finished
floor elevations for lots along the ocean front than that which is
currently being proposed in Ordinance No. 91/22. The motion was
seconded by Mr. McGraw. During discussion, Mr. Ogren voiced the
opinion that persons making the type of investment necessary to locate
on the ocean front will want to be assured of a view of the ocean and
he did not believe this would be possible under current regulations.
He also felt that perhaps they should be established on a case by case
basis. Roll Call: Mr. McGraw; AYE, Mrs. LaPorte; AYE, Dr. True;
AYE, Mr. Ogren; AYE, and Chairman Orthwein; AYE.
VIII. Items by Staff
A. Report of Construction in Progress
The report as circulated revealed there to be $5,967,974 worth of work
in progress during the month of July, 1991.
IX. Items by Board Members
Mrs. LaPorte advised there was an oversized sign for Co Man
Construction located on the construction site on Banyan Road that
should be investigated.
X. Public
Mr. William Lamson expressed his appreciation for the efforts
of the Board in making exception to ocean front lots inasmuch he is
currently the owner and developer of ocean front property in Gulf
Stream.
XI. Adjournment
^ Mr. McGraw moved to adjourn, seconded by Mrs. LaPorte and all
voted AYE. Chairman Orthwein adjourned the meeting at approximately
10 A.M.
_/�Jla Yr (� I
Rita L. Taylo , Town Clerk