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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