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HomeMy Public PortalAbout04/22/1992TO ALL WHOM IT MAY CONCERN NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on Wednesday, April 22, 1992 at 9:00 A.M. and the Town Commission, sitting as the Board of Adjustment, will hold a Public Hearing on Friday, May 8, 1992 at 9:00 A.M., both in the Commission Chambers at the Town Hall, Gulf Stream, Florida at which the following will be considered: An application for a Special Exception submitted by LeCron Builders, Inc., Agent for J. F. Vander Wolk, to permit the placement of a construction trailer as provided in Ordinance No. 83-1; ZONING, Part II; COMPREHENSIVE ZONING ORDINANCE, Sub Section D; SPECIAL EXCEPTIONS, Paragraph 1. of no greater than five hundred (500) square feet in size, approximately 1715" from the front property line and 14'6" from the south side property line at 2801 N. Ocean Blvd., Gulf Stream, Florida which is owned by Jefferson F. Vander Wolk. ALL PERSONS INTERESTED in the matter may appear before the Gulf Stream Architectural Review and Planning Board and the Town Commission, sitting as the Board of Adjustment, 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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Dated April 13, 1992 TOWN OF GULF STREAM, FLORIDA Rita L. Taylor Town Clerk 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. NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL Mr. Lee Ferguson of Broward Piling, Inc. as agent for Mr. Arthur Bryant, the owner of real property located at 540 Middle Road, Gulf Stream, Florida, has submitted an application for a site plan approval to permit the construction of a dock and dolphins on said property. The proposed dock would be constructed of wood and would be forty (40) feet in length and extend five (5) feet from the seawall. The proposed dock would be placed thirty five (35) feet from the east side property line and seventy five (75) feet from the west side property line. Four (4) dolphin pilings are being requested, two of which would be placed twenty (20) feet from the east property line and two of which would be placed sixty (60) feet from the west property line, with none of the four to extend more than twenty five (25) feet from the existing seawall. Complete application materials are on file with the Town of Gulf Stream Planning and Building Department located at 100 Sea Road, Gulf Stream, Florida 33483 and may be inspected during regular business hours which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. The Town of Gulf Stream Architectural Review and Planning Board will consider the subject application at its meeting on April 22, 1992, at 9:00 A.M. in the Commission Chambers in the Gulf Stream Town Hall located at 100 Sea Road, Gulf Stream, Florida 33483 and shall make a recommendation to the Town Commission regarding the subject application. Said meeting may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The Town of Gulf Stream Town Commission will consider the subject application at its meeting on May 8, 1992, at 9:00 A.M. in the Commission Chambers in the Gulf Stream Town Hall located at 100 Sea Road, Gulf Stream, Florida 33483 and shall make a final decision regarding the subject application. Said meeting may be adjourned from time to time and place to place as necessary to hear all parties and evidence. All persons interested in this matter may appear before the Architectural Review and Planning Board and 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 Town Commission 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: April 13, 1992 TOWN OF GULF STREAM, FLORIDA Rita L. Taylor,/ own Clerk O 0 CHAIRMAN: VICE CHAIRMAN: BOARD MEMBER: ALTERNATE MEMBER: Joan Orthwein William Lynch Donald McGraw Samuel Ogren, Jr. Susanna Souder Joan LaPorte A. Curtis True April 15, 1992 REGULAR MEETING OF THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA TO BE HELD ON WEDNESDAY, APRIL 22, 1992 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 of March 25, 1992 IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. PUBLIC HEARING A. Special Exception 1. John Sheldon of LeCron Builders, Inc., Agent for J. F. Vander Wolk, 2801 N. Ocean Blvd., Gulf Stream, F1. 33483 -Placement of a construction trailer at the address listed herein. VI. Site Plan Review A. John Sheldon of LeCron Builders, Inc., Agent for J. F. Vander Wolk, 2801 N. Ocean Blvd., Gulf Stream, Florida 33483 -Placement of a construction trailer at the address listed herein. B. Lee Ferguson of Broward Piling, Inc., Agent for Arthur Bryant, 540 Middle Road, Gulf Stream, F1. 33483 -Installation of a dock and 4 dolphin pilings. VII. Assignments from the Town Commission A. Review of proposed Ordinance #92/2 -To amend the existing sign code. B. Review of proposed Ordinance #92/3 -To amend the existing provisions related to the parking of commercial and recreational vehicles. C. Review of proposed Ordinance #92/4 -To amend the Zoning Code to add the provision that swimming pools shall be screened from off premise view with the exception of a view from any public or private waterway. VIII. Items by Staff A. Report related to the Town Commission review of the existing provisions of the regulations for installation of satellite dish antenna systems -Town Manager Harrington B. Construction in Progress Report 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 CONSIDER- ED AT THIS MEETING AND 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. REGULAR MEETING OF THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA HELD IN THE TOWN HALL, 100 SEA ROAD ON WEDNESDAY, APRIL 22, 1992 AT 9:00 A.M. IN GULF STREAM, FLORIDA. I. Call to Order The meeting was called to order at 9:00 A.M. by Joan Orthwein, Chairman. II. Roll Call Present and Participating: Joan Orthwein Chairman O William Lynch Vice Chairman Samuel Ogren, Jr. Board Member Susanna Souder Board Member Joan LaPorte Alternate Member Absent with notice: Donald McGraw, Jr. Board Member Also Present: Dr. A. Curtis True Alternate Member Also Present and Participating: Scott Harrington Town Manager John Randolph Town Attorney Rita Taylor Town Clerk John Sheldon Agent for Mr. Vander Wolk Lee Ferguson Agent for Mr. Bryant Charles Velie Town Resident III. Minutes of Regular Meeting of March 25, 1992 Mr. Lynch moved and Mrs. Souder seconded that the minutes be approved as circulated. Roll Call: Mrs. LaPorte; AYE, Mrs. Souder; AYE, Mr. Lynch; AYE, Mr. Ogren; AYE, and Chairman Orthwein; AYE. IV. Additions a report on the requested by Mr withdrawals, deferrals, arrangement of agenda items. er Harrington requested to have added as item VIII.C., inal decision regarding the site plan amendments as William Lamson. There were no objections. V. PUBLIC HEARING A. Special Exception 1. John Sheldon of LeCron Builders, Inc., Agent for J. F. Vander Wolk, 2801 N. Ocean Blvd., Gulf Stream, Florida 33483 -Placement of a construction trailer at the address listed herein. Mrs. Souder asked if there had been any comment from adjacent property owners to which the Town Clerk replied that there had been no comment. OMrs. Souder then moved to recommend that the Special Exception be granted as requested for a six month period and that the Town Manager be authorized to renew the permit for the construction trailer for an additional six months provided the applicant complies with any conditions of approval and that no complaints about the trailer are received. The motion was seconded by Mr. Lynch. Mr. Ogren suggested that as soon as the garage was enclosed and to the point of being secure, that the contractor be encouraged to move into the garage and eliminate the need for the trailer. Town Manager Harrington agreed. Roll Call: Mrs. LaPorte; AYE, Mrs. Souder; AYE, Mr. Lynch; AYE, Mr. Ogren; AYE, and Chairman Orthwein; AYE. VI. Site Plan Review A. John Sheldon of LeCron Builders, Inc., Agent for J. F. Vander Wolk, 2801 N. Ocean Blvd., Gulf Stream, F1. 33483 -Placement of a construction trailer at the address listed herein. Regular Meeting -Architectural Review and Planning Board April 22, 1992 page 2 Mr. Lynch moved that it be recommended to the Town Commission that the site plan be approved as requested, seconded by Mr. Ogren. Roll Call: Mrs. LaPorte; AYE, Mrs. Souder; AYE, Mr. Lynch; AYE, Mr. Ogren; AYE, and Chairman Orthwein; AYE. B. Lee Ferguson of Broward Piling, Inc., Agent for Arthur Bryant, 540 Middle Road, Gulf Stream, F1. 33483 -Installation of a ^ dock and 4 dolphin pilings. �j The Town Manager explained that in reviewing the drawings, he noted that the dolphin pilings on the east side were extending 2.5 feet into the side setback. Upon contacting the contractor regarding this, he was assured that the two eastern most pilings would be installed Tkthout encroaching on any setbacks. Mr. Lynch questioned if any of the neighbors had objected to the proposed installation and was advised by the Town Clerk that there had not even been any inquires. Mr. Lynch then moved to recommend to the Town Commission that the site plan be approved with the condition that the eastern -most dolphins be moved an additional 2.5 feet to the west and that a minimum 22.5 foot setback also be maintained on the west side. The motion was seconded by Mrs. Souder. Roll Call: Mrs. LaPorte; AYE, Mrs. Souder; AYE, Mr. Lynch; AYE, Mr. Ogren; AYE, and Chairman Orthwein; AYE. VII. Assignments from the Town Commission A. Review of proposed Ordinance #92/2 -To amend the existing sign code. Town Manager Harrington enumerated the changes that are being proposed as follows: 1) The signs shall be a white background with black, block letters 2) The sign shall be enclosed in a metal frame with the supporting member of the frame to be installed in the ground to provide that the top of the face of such sign shall not be more than 4' above the finished grade of the ground. 3) There shall be no accessory signs attached thereto or located within the frame in which the real estate sign is enclosed. 4) All real estate signs must be located on the premises of the property being advertised for sale. Mrs. Souder moved that the Board recommend adoption of Ordinance #92/2 as proposed, seconded by Mrs. LaPorte. Mr. Lynch asked if the signs that are in place would remain until sold after the ordinance was adopted. Attny. Randolph advised they would be permitted to remain until the property was sold or the listing changed to a different realtor. Roll Call: Mrs. LaPorte; AYE, Mrs. Souder; AYE, Mr. Lynch; NAY, Mr. Ogren; AYE, and Chairman Orthwein; AYE, O B. Review of proposed Ordinance #92/3 -To amend the existing provisions related to the parking of commercial and recreations) vehicles. Attorney Randolph advised that the same provisions are contained in the Zoning Code and the Motor Vehicle Section. He recommended that this proposed ordinance be amended to remove existing provisions from the Motor Vehicle Section and include any amendments in the Zoning Code. Town Manager Harrington advised that the current code does not provide that the vehicles in question be screened from view from the street and that the proposed ordinance would provide that they must be fully screened from off premise view. Mr. Lynch asked if there were any amendments that would prevent a property owner from having his vehicle unscreened for short periods in order to load and unload in a reasonable time. Regular Meeting -Architectural Review and Planning Board April 22, 1992 page 3 Town Manager Harrington stated that no changes in that area have been included, only the screening from off premise view for those that park the vehicle, or store the vehicle, on their property. Mrs. Souder moved and Mr. Lynch seconded that it be recommended to the Town Commission that Ordinance #92/3 be adopted provided it is amended Oto delete the existing provisions from the Motor Vehicle Section of the Code and include the amendments in the Zoning Code under "parking". Roll Call: Mrs. LaPorte; AYE, Mrs. Souder; AYE, Mr. Lynch; AYE, Mr. Ogren; AYE, and Chairman Orthwein; AYE. C. Review of proposed Ordinance #92/4 -To amend the Zoning Code to add the provision that swimming pools shall be screened from off premise view with the exception of a view from any private or public waterway. Mr. Wm. Lynch moved that adoption of proposed Ordinance #92/4 be recommended to the Town Commission, seconded by Mrs. LaPorte. Roll Call: Mrs. LaPorte; AYE, Mrs. Souder; AYE, Mr. Lynch; AYE, Mr. Ogren; AYE, and Chairman Orthwein; AYE. Town Manager Harrington and Town Attorney Randolph advised that all of these ordinancepinvolve the zoning code and as a result must be advertised and adopted under the provisions of the State Statutes that require the advertis- ing to be 2, quarter page ads in the newspaper, and that require that two public hearings be held after 5 P.M. They estimated the cost would be over $2,000.00 and questioned if the Board felt an urgency to adopt these ordinances or if they felt the ordinances should be held until possibly others could be included in the same procedure. Mr. Harrington added that at the moment he did not foresee any additional changes in the near future. Mrs. Souder felt the ordinances should be adopted as soon as possible. Mr. Lynch and Mr. Ogren believed this was a very large expenditure and that there did not appear to be any emergency at hand in connection with matters addressed in the ordinances. They favored delaying adoption at this time. Mrs. Souder moved to recommend that the Ordinances be adopted as soon as possible, seconded by Mrs. LaPorte. Roll Call: Mrs. LaPorte; AYE, Mrs. Souder; AYE, Mr. Lynch; NAY, Mr. Ogren; NAY, and Chairman Orthwein; AYE. VIII. Items by Staff A. Report related to the Town Commission review of the existing provisions of the regulations for installation of satellite dish antenna systems -Town Manager Harrington Mr. Harrington reported that the Town Commission had discussed the possibilit of making the provisions more restrictive but it had been determined that Otechnology is not such that small units are available and they felt that the existing ordinance is as restrictive as it could be at this time and yet not be challenged. B. Construction in Progress Report The report revealed there to be $8,584,807 worth of construction underway in March, 1992. Mr. Harrington explained that this is inflated since several projects that are listed have been completed. He stated that the April, 1992 report would reflect this. There were no questions. Regular Meeting -Architectural Review and Planning Board April 22, 1992 page 4 C. Update on Lamson Application for Site Plan Amendments. Town Manager Harrington reported that the Town Commission had approved the change to the planter on the west elevation, approved the changes to the north window on the west elevation provided the two center columns were removed, approved the changes to the north elevation, denied the addition of the second and third floors on the southeast corner of the Oeast elevation, and approved the changes on the south elevation with the exception of the second and third floors on the southeast corner which were denied. Town Manager Harrington further reported that aerial photos showing the proposed Florida State Coastal Construction Control Line are expected by the end of the week and will be on display in the lobby for the public to review. He advised that three public hearings will be held in Palm Beach County during the month of May in regard to this proposed line with approval from the Governor and Cabinet expected in December, 1992. IX. Items by Board Members Mrs. Souder questioned when the DOT would be removing the pine trees along AlA. Mr. Harrington replied that they would not be removing any of them until the Town had been furnished proof of the location of the DOT right-of-way. He advised that he believed the surveyors were finished but there is quite a bit of work to be done in the office of DOT before the maps would be completed. X. Public Mr. Charles Velie, town resident, was recognized and advised that he would like to comment on the Lamson application process. He observed that the Town Commission had unanimously turned down some of what the ARPB had recommended be approved. He stated that he is not just expressing his opinion, but that of many others he had talked to. Mr. Velie stated that the public thinks the Board is either too soft when considering these requests or that the Board has not done it's homework. He believed the Board and the Commission should not be so far apart in their decisions. XI. Adjournment Mrs. Souder moved and Mrs. LaPorte seconded that the meeting be adjourned and all voted AYE. Chairman Orthwein adjourned the meeting at 10:10 A.M. _( 9- - O a Rita L. Taylor Town Clerk