HomeMy Public PortalAbout09/23/1992PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Architectural Review and Planning
Board of the Town of Gulf Stream will hold a Public Hearing on Wednesday,
September 23, 1992 at 9:00 A.M. and the Town Commission, sitting as the
Board of Adjustment, will hold a Public Hearing on Friday, October 9, 1992
at 9:00 A.M., both in the Commission Chambers at the Town Hall, 100 Sea
Road, Gulf Stream, Florida at which a joint application for two separate
variance requests will be considered:
An application submitted by Roger G. Saberson as Agent for Jane B.
Speer, Trustee, 2817 N. Ocean Boulevard, Gulf Stream, Florida
requesting a variance from the provisions of the following:
Code of Ordinances Subpart B; LAND DEVELOPMENT REGULATIONS,
Chapter 66; ZONING, Article VI; DISTRICT REGULATIONS, Division
2; RS Single -Family Residential District, Section 66-203;
Side yard required, Paragraph (a)
to permit an existing nonconforming bath house to remain; such
nonconformity having been created at the division of a parcel of
developed property into two lots, resulting in the bath house
being located across the newly created property line dividing
the developed parcel, an encroachment of thirty (30) feet into
the required thirty (30) foot south side yard at the
address aforementioned which is legally described as the north
200' of the north 300' of Government Lot 3 in Section 3, Township
46 South, Range 43 East, lying east of Ocean Boulevard in Palm
Beach County.
Lld
An application submitted by Roger G. Saberson as Agent for
Jefferson and Betty Vander Wolk, 2801 N. Ocean Boulevard, Gulf
Stream, Florida requesting a variance from the provisions of
the following:
Code of Ordinances Subpart B; LAND DEVELOPMENT REGULATIONS,
Chapter 66; ZONING, Article VI; DISTRICT REGULATIONS, Division
2; RS Single -Family Residential District, Section 66-203;
Side yard required, Paragraph (a)
to permit an existing bath house,located at 2817 N. Ocean Boulevard,
which encroaches fifteen (15) feet into the required fifteen (15)
foot north side yard to remain at the address aforementioned,legally
described as the south 100' of the north 300' of Government Lot 3
in Section 3, Township 46 South, Range 43 East, lying east of
Ocean Boulevard in Palm Beach County.
ALL PERSONS INTERESTED in these matters may appear before the Architectural
Review and Planning Board and the Town Commission, sitting as the Board
of Adjustment, 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 ARCHIT-
ECTURAL 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 VARBATIM RECORD OF THE PROCEEDINGS IS MADE,
WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS
TO BE BASED. 286.0105, F.S.S.
Dated: September 9, 1992
Publish: Palm Beach Post
1st Publication: September 16, 1992
2nd Publication: September 23, 1992
3rd Publication: October 3, 1992
TOWN OF GULF STREAM, FLORIDA
Z -
Rita L. Taylor, own Clerk
CHAIRMAN:
VICE CHAIRMAN:
BOARD MEMBER:
ALTERNATE
MEMBER:
Joan Orthwein
William Lynch
Donald McGraw, Jr.
Samuel Ogren, Jr.
Susanna Souder
Betsy S. Hvide
Robert Hopkins
September 16, 1992
J
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE ARCHITECTURAL REVIEW
AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON SEPTEMBER 23,
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 August 19, 1992
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
V. PUBLIC HEARING
A. Variance
1. Attorney Roger Saberson, Agent for Jane B. Speer, Trustee,
2817 N. Ocean Blvd. and Mr. & Mrs. Jefferson Vander Wolk,
2801 N. Ocean Blvd., Gulf Stream, Florida -To permit an
existing nonconforming bathhouse to remain across a
newly created property line which resulted from the
division of a 300' parcel of land, causing an encroachment
into the side yards of the two properties aforementioned.
Vi. Site Plan Review
A. Attorney Roger Saberson, Agent for Jane B. Speer, Trustee, 2817
N. Ocean Blvd., and Mr. & Mrs. Jefferson Vander Wolk, 2801 N.
Ocean Blvd., Gulf Stream, Florida -To permit an existing non-
conforming bathhouse to remain across a newly created property
line which resulted from the division of a 300' parcel of land.
B. Mark Marsh for Digby Bridges, Marsh & Associates, Agent for
Mr. & Mrs. John McGraw, 1601 N. Ocean Blvd., Gulf Stream, Florida-
n Construction of a two story structure with garage/storage area
and a caretaker's apartment,as an accessory structure to.the
single family dwelling under construction at this site.
VII. Items by Staff
A. Construction in Progress Report
VIII. Items by Board Members
IX. Public
X. 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, 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 AND PUBLIC HEARING OF THE ARCHITECTURAL REVIEW AND PLANNING
BOARD OF THE TOWN OF GULF STREAM, FLORIDA HELD IN THE TOWN HALL, 100 SEA
ROAD, ON WEDNESDAY, SEPTEMBER 23, 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 the
Chairman, Joan Orthwein.
II. Roll Call
1. Attorney Roger Saberson, Agent for Jane B. Speer, Trustee,
2817 N. Ocean Blvd. and Mr. & Mrs. Jefferson Vander Wolk, 2801
N. Ocean Blvd., Gulf Stream, Florida -To permit an existing
nonconforming bathhouse to remain across a newly created
property line which resulted from the division of a 300'
parcel of land, causing an encroachment into the side yards
of the two properties aforementioned.
Attorney Saberson explained that the Speer property is included in a list
of historical dwellings in Gulf Stream and to destroy one of the bathhouses
would ruin the character of the site. He pointed out that the encroachment
occurs at approximately the midpoint of the depth of the lots and that
only the Vander Wolk property is impacted. Mr. Saberson circulated
photos of the site and the encroachment, and a graphic drawing.
Chairman Orthwein noted that the Town Manager had recommended disapproval
but had further suggested that in the event the variance was granted, it
be conditioned on the encroachment being removed if the primary dwelling
was destroyed. Chairman Orthwein pointed out that this a very unique
situation and unlike other sites that had encroachments resulting from
the division of properties; those being the historical value, the willingness
of the adjacent property owner to provide an easement forrencroachment and
joining in application for the variance.
Present and
Joan Orthwein
Chairman
O
Participating:
Donald McGraw, Jr.
Board Member
Samuel Ogren, Jr.
Board Member
Susanna Souder
Board Member
Robert Hopkins
Alternate Member
Absent with notice:
William Lynch
Vice Chairman
Betsy Hvide
Alternate Member
Also Present and
Participating:
Scott Harrington
Town Manager
John Randolph
Town Attorney
Rita Taylor
Town Clerk
Roger Saberson
Agent for Speer/Vander Wolk
Mark Marsh
Agent for McGraw
III.
Minutes of the Regular
Meeting & Public Hearing of August 19, 1992.
Mr. Hopkins moved and
Mr. McGraw seconded that the minutes be approved
as circulated. Roll Call:
Mr. McGraw; AYE, Mrs.
Souder; AYE, Mr. Hopkins;
AYE,
Mr. Ogren; AYE, and Chairman
Orthwein; AYE.
IV.
Additions, withdrawals,
deferrals, arrangement of a enda items.
The Town Clerk asked
to add as item VII.B.,
Distribution of New Code.
V.
PUBLIC HEARING
A. Variance
1. Attorney Roger Saberson, Agent for Jane B. Speer, Trustee,
2817 N. Ocean Blvd. and Mr. & Mrs. Jefferson Vander Wolk, 2801
N. Ocean Blvd., Gulf Stream, Florida -To permit an existing
nonconforming bathhouse to remain across a newly created
property line which resulted from the division of a 300'
parcel of land, causing an encroachment into the side yards
of the two properties aforementioned.
Attorney Saberson explained that the Speer property is included in a list
of historical dwellings in Gulf Stream and to destroy one of the bathhouses
would ruin the character of the site. He pointed out that the encroachment
occurs at approximately the midpoint of the depth of the lots and that
only the Vander Wolk property is impacted. Mr. Saberson circulated
photos of the site and the encroachment, and a graphic drawing.
Chairman Orthwein noted that the Town Manager had recommended disapproval
but had further suggested that in the event the variance was granted, it
be conditioned on the encroachment being removed if the primary dwelling
was destroyed. Chairman Orthwein pointed out that this a very unique
situation and unlike other sites that had encroachments resulting from
the division of properties; those being the historical value, the willingness
of the adjacent property owner to provide an easement forrencroachment and
joining in application for the variance.
Architectural Review and Planning Board
Regular Meeting and Public Hearigg-September 23, 1992 page 2
Mrs. Souder also believed that this is a unique situation and that the
variances should be granted, but only if the encroachment is removed
when the principal structure is destroyed on the Speer property.
Attorney Randolph stated that if this were to be the action, a recordable
document would be necessary to assure the conditions of removal would
run with the land.
Mr. McGraw moved that it be recommended to the Town Commission that a variance
be granted to allow an existing nonconforming bathhouse to encroach 30' into
the side yard on the Speer property and to allow the same bathhouse to
encroach 15' into the side yard on the Vander Wolk property with the condition
that the bathhouse be removed at such time as the principal structure is
destroyed on the Speer property,with the conditions to be made a matter of
record to run with the land in the form of a recordable document. The
motion was seconded by Mrs. Souder. Roll Call: Mr. McGraw; AYE, Mrs.
Souder; AYE, Mr. Hopkins; AYE, Mr. Ogren; AYE, and Chairman Orthwein; AYE.
Vi. Site Plan Review
A. Attorney Roger Saberson, Agent for Jane B. Speer, Trustee, 2817
N. Ocean Blvd., and Mr. & Mrs. Jefferson Vander Wolk, 2801 N.
Ocean Blvd., Gulf Stream, Florida -To permit an existing nonconformir
bathhouse to remain across a newly created property line which
resulted from the division of a 300' parcel of land.
Mrs. Souder moved to recommend to the Town Commission that site plan approval
be given, seconded by Mr. McGraw. Roll Call: Mr. McGraw; AYE, Mrs. Souder;
AYE, Mr. Hopkins; AYE, Mr. Ogren; AYE, and Chairman Orthwein; AYE.
B. Mark Marsh for Digby Bridges, Marsh & Associates, Agent for Mr. &
Mrs. John McGraw, 1601 N. Ocean Blvd., Gulf Stream, Florida -
Construction of a two story structure with garage -storage area,
and a caretaker's apartment, as an accessory structure to the
single family dwelling under construction at this site.
Mr. Marsh presented a graphic drawing showing the proposed structure along
with detailed landscape plans. He explained that there is a native hammock
area along the front of the property and the driveway had been relocated
from the originally proposed location in order to protect the hammock growth,
which made it necessary to relocate the proposed caretakers apartment. He
added that an area in the interior of the hammock had been discovered which
contained only small ground cover. It is proposed to construct the accessory
structure in this area. In so doing, he explained, the structure will not
be seen from AlA and will be located so as not to detract from the principal
Ostructure on the site. Mr. Marsh distributed photos of the principal structure
which is under construction and other areas of the site, explaining that
the proposed accessory structure would be of the same colors and textures
and the principal structure.
Chairman Orthwein noted that the Town Manager had recommended approval with
the condition that occupancy of the building be limited to family members or
non-paying guests of the principal residents, or domestic help employed
by the principal residents.
Architectural Review and Planning Board
Regular Meeting & Public Hearing -September 23, 1992 page
Mr. Hopkins moved and Mr. Ogren seconded that it be recommend to the Town
Commission that the site plan be approved as presented with the condition
that occupancy of the building be limited to family members or non-paying
guests of the principal residents, or domestic help employed by the principal
residents. Roll Call: Mr. McGraw; AYE, Mrs. Souder; AYE, Mr. Hopkins; AYE,
Mr. Ogren; AYE, and Chairman Orthwein; AYE,
VII. Items by Staff
A. Construction in Progress Report
The Construction in Progress Report revealed there to be $7,725,436 worth
of construction in progress in August, 1992.
B. Distribution of New Codes
The Town Clerk distributed a copy of the Land Development Regulations, the
pamphlet section from the newly codified Town Code, to each member of the
Board, explaining that all ordinancessthat have been adopted to date are
contained in the new codification. She added that future ordinances would
be provided in the form of a supplement that will be indexed to the new
code sections until such time in the future a recodification takes place.
Town Manager Harrington reported that several ordinances are being considered
for adoption by the Town Commission on September 28, 1992, all of which have
had favorable recommendations by the ARPB. He added that during the public
hearing for first reading, there was a request made from the public that
the ordinance regulating real estate signs be amended to permit the signs
to be erected on a post with an arm supporting the sign rather than the
sign being displayed in metal brackets that are then implanted in the ground.
Mr. Harrington then stated that the Commission passed the ordinance as
presented on first reading with direction to those requesting the change
that samples of both sign configurations be available for review at the
second reading. Town Manager Harrington observed that the ARPB had recom-
mended the metal brackets as they were felt to be less obtrusive and question-
ed if the members of the Board cared to comment on this recommendation.
All members of the board agreed that the metal bracket signs were the less
obtrusive of the two types and favored them over post -mounted signs.
VIII. Items by Board Members
Mr. McGraw asked for confirmation of the October meeting date. Mr.
Harrington advised that the meeting is scheduled for October 28, 1992 at
9 A.M. He then suggested that the November meeting date be discussed as it
would be held on November 25, 1992 and that is the day before Thanksgiving.
The members of the ARPB unanimously agreed to meet on November 17, 1992,
Tuesday, at 9 A.M.
IX. Public
There was no comment from the Public.
X. Adjournment
Chairman Orthwein declared the meeting adjourned at 9:45 A.M.
Rita L. Taylor/
aylor Town Clerk