HomeMy Public PortalAbout05/26/1993PUBLIC HEARING
NOTICE IS HEREBY GI MN that the Architectural Review and Planning Board
of the Town of Gulf Stream will hold a Public Hearing on Wednesday,
May 26, 1993 at 9:00 A.M. and the Town Commission, sitting as the Board
of Adjustment, will hold a Public Hearing on Friday, June 18, 1993 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 Paul Monaghan of the Shamus
Corporation, Agent for Mr. & Mrs. James Walton, owners
of real property located at 3512 Oleander Way, Gulf Stream,
Florida and legally described as Lot 53, Gulf Stream Properties
No. 2, requesting a variance from the provisions of the Code
of Ordinances of the Town of Gulf Stream, Chapter 66; ZONING,
Article VIII.; SUPPLEMENTARY DISTRICT REGULATIONS, Division
2.; ACCESSORY STRUCTURES AND RECREATIONAL FACILITIES, Section
66-367; Swimming Pools, Paragraph (e),
to permit the construction of a swimming pool which would extend nine (9)
feet into the required twenty five (25) foot corner front yard setback
adjacent to Banyan Road at the location stated herein
ALL PERSONS INTERESTED in this matter 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
ARCHITECTRUAL 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: May
6, 1993
TOWN OF
GULF STREAM, FLORIDA
Publish: Palm
Beach Post
Publication Date: May
19, 1993
June
3, 1993
June
12, 1993
Rita L.
Taylor,//Town Clerk
THIS NOTICE IS PUBLISHED PURSUANT TO THE TOWN OF GULF STREAM CODE OF
ORDINANCES AND IS POSTED AT THE GULF STREAM TOWN HALL IN A CONSPICUOUS
LOCATION OUTSIDE THE FRONT DOOR.
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CHAIRMAN:
VICE CHAIRMAN:
BOARD MEMBER:
ALTERNATE MEMBER:
Joan Orthwein
William Lynch
Donald McGraw, Jr.
Samuel Ogren, Jr.
Susanna Souder
Betsy S. Hvide
R. W. Hopkins
May 17, 1993
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE ARCHITECTURAL REVIEW
AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON MAY 26, 1993
AT 9:00 A.M. IN THE TOWN HALL OF GULF STREAM.
AGENDA
I. Call to Order
II. Roll Call
III. Minutes of the Regular Meeting of April 28, 1993.
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
V. Selection of Officers
A. Chairman of ARPB
B. Vice Chairman of ARPB
VI. PUBLIC HEARING
A. Variance
1. Paul Monaghan of Shamus Corp., Agent for Mr. & Mrs.
James Walton, 3512 Oleander Way, Gulf Stream, F1. -
Construction of a pool which would extend 9' into
the required 25' corner yard setback adjacent to Banyan Rd.
VII. Site Plan Review
A. Paul Monaghan of Shamus Corp., Agent for Mr. & Mrs. James
Walton, 3512 Oleander Way, Gulf Stream, F1. -To permit installatio
of a swimming pool.
B. Samuel Ogren, Jr. as agent for Mr. Christopher Rodgers,555
Palm Way, Gulf Stream, F1. -To permit conversion of an open
structure to an enclosed pool cabana room.
C. Troy Ennis of Delray Marine Construction as agent for Mr.
& Mrs. Sydnor Speer, 998 Pelican Lane, Gulf Stream, F1. -
To permit construction of a wooden deck over a portion of an
existing dwelling and attached screen room which would be
accessible from an outside stairway.
VIII. Items by Staff
A. June Meeting, June 30, 1993 at 9:00 A.M.
B. July Meeting, July 28, 1993 at 9:00 A.M.
C. Construction in Progress Report for April, 1993.
IX. Items by Board Members
X. Public
XI. Adjournment
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECT
URAL REVIEW AND PLANNING BOARD WITH RESPECT TO ANY MATTER CONSIDERED 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 AND PUBLIC HEARING OF THE ARCHITECTURAL REVIEW AND
PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA HELD ON
WEDNESDAY, MAY 26, 1993 AT 9:00 A.M. IN THE TOWN HALL, 100 SEA
ROAD, 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
Present and Joan Orthwein, Chairman
Participating William Lynch, Vice Chairman
Donald McGraw, Jr. Board Member
Betsy Hvide Alternate Board Member
Absent with Notice Samuel Ogren, Jr. Board Member
Susanna Souder Board Member
Also Present and E. Scott Harrington Town Manager
Participating John Randolph Town Attorney
Paul Monaghan Agent - James Walton
John Lang Designer - Mr. Walton
Samuel Ogren Agent - Chris Rodgers
Howard Montgomery Agent - Sydnor Speer
III. Minutes of the Regular Meeting & Public Hearing of April 28
1993. Mr. Lynch moved, and Mrs. Hvide seconded, that the
minutes be approved as circulated. Roll Call: Mr. McGraw;
AYE, Mr. Lynch; AYE, Mrs. Hvide; AYE, Chairman Orthwein; AYE.
IV. Additions. wi t_hrirawa l m _ --------- r ..t
There were no changes in the agenda
V. Selection of Officers
Town Manager Harrington explained that as terms begin to
expire for the Board members, new officers should be elected each
year. Mr. Harrington noted a letter from Mrs. Souder, an absent
Board member, indicating her support of Mrs. Orthwein and Mr. Lynch
for Chairman and Vice Chairman respectively. Mr. Lynch moved, and
Mrs. Hvide seconded, that Joan Orthwein serve as Board Chairman for
the next year. Roll Call: Mr. McGraw; AYE, Mr. Lynch; AYE, Mrs.
Hvide; AYE, Chairman Orthwein; AYE.
Mrs. Hvide moved, and Mr. McGraw seconded, that Mr. Lynch serve as
Board Vice Chairman for the next year. Roll Call: Mr. McGraw;
AYE, Mr. Lynch; AYE, Mrs. Hvide; AYE, Chairman Orthwein; AYE.
l / VI. PUBLIC HEARING
A. Variance
Paul Monaghan of Shamus Corp., Agent for Mr. & Mrs. James
Walton, 3512 Oleander Way, Gulf Stream, FL - Construction
of a pool which would extend 9' into the required 25'
corner yard setback adjacent to Banyan Road.
John Lang, Landscape Architect, reviewed the variance request
noting the location of the pool relative to Banyan Road. Mr. Lang
stated a variance was needed adjacent to Banyan Road as the lot is
very small, has three front yards, and the location of the existing
home and patio did not permit any other workable location.
Architectural Review and Planning Board Page 2
Regular Meeting - May 26, 1993
Mr. Lynch questioned Mr. Lang as to the proposed location of the
pool equipment. Mr. Lang explained that he felt the location shown
on the site plan was best given the landscape design for the
remainder of the back yard and patio. However, he was recently
informed that the proposed location would require another variance.
Town Manager Harrington explained that he requested the contractor
to find a conforming location, but after talking with Mr. Lang
earlier this week, he understood a workable, conforming location
was difficult to find. However, Mr. Harrington continued, to place
the equipment in the location preferred by Mr. Lang would require
an additional variance. And because an application for such a
variance was not received or noticed, the applicant would have to
make another application next month. Mr. Lang stated the equipment
could be located on the north side of the house, but this location
would mean having to place an excessive amount of pipe under the
patio and may be offensive to the northern neighbor. Mr. Lang
asked the Board to indicate, on an informal basis, whether they
would be willing to consider the proposed location.
Mrs. Hvide inquired as to the proposed landscaping adjacent to Gulf
Stream and Banyan Roads. Mr. Lang answered that most of the
existing landscaping would be maintained in addition to new
materials and a small wall and gate being added at the corner. Mr.
Monaghan distributed pictures of the existing landscaping. Mrs.
Orthwein noted that the new ordinance regarding mechanical
equipment was intended to prevent such equipment from bothering the
neighbors. She stated that with the proposed landscaping, she did
not have a problem with the location of the equipment as shown on
the site plan. The other Board members concurred.
Mrs. Orthwein questioned whether the proposed fencing and gates
would be in conformance with the County pool enclosure codes. Mr.
Lang stated they would.
Mr.
Lynch moved, and Mr. McGraw seconded, that the application for
a variance
be recommended for approval to the Town Commission, with
the
following conditions:
1)
A minimum 16 foot setback shall be maintained adjacent to
Banyan Road thus requiring a maximum variance of 9 feet.
2)
A minimum setback of 25 feet shall be maintained adjacent to
Gulf Stream Road thus requiring no variance.
3)
The pool equipment shall meet all minimum setback
requirements, the
or applicant may apply for a variance to
permit its location in the required setback.
4)
Fencing and gates enclosing the pool shall comply fully with
the Palm Beach County pool enclosure codes.
5)
Prior to issuance of a Certificate of Occupancy for the pool,
the Town shall be provided with an as -built drawing and a
signed and sealed document prepared by a professional engineer
that the completed drainage system complies with the Town's
drainage requirements.
Roll
Call: Mr. McGraw; AYE, Mr. Lynch; AYE, Mrs. Hvide; AYE,
Chairman
Orthwein; AYE.
Architectural Review and Planning Board Page 3
Regular Meeting - May 26, 1993
VII. Site Plan Review
A. Paul Monaghan of Shamus Corp., Agent for Mr. & Mrs. James
Walton, 3512 Oleander Way, Gulf Stream, FL - To permit
installation of a swimming pool.
Mr. Lynch moved, and Mrs. Hvide seconded, that the pool be
recommended for approval to the Town Commission, with the same
l J conditions that applied to the variance request.
Roll Call: Mr. McGraw; AYE, Mr. Lynch; AYE, Mrs. Hvide; AYE,
Chairman Orthwein; AYE.
B. Samuel Ogren, Jr., Agent for Mr. Christopher Rodgers, 555
Palm Way, Gulf Stream, FL - To permit conversion of an
open structure to an enclosed pool cabana room.
Mr. Ogren reviewed the proposed request with the Board and
distributed pictures showing the structure as it currently exists.
Mr. Ogren noted that the existing vegetation adjacent to the
structure on the south side would render the proposed roof changes
almost invisible to passersby on Palm Way. Mr. Ogren stated the
owners needed to enclose the structure to make it useable during
the winter months.
Mr. Ogren noted the proposed 'kitchen' was really just a holding
kitchen and wet bar as there was just small appliances and no oven.
However, there was a stove top. Town Manager Harrington called
attention to the discussion in the staff report regarding the
prohibition on more than one kitchen per single family residence
and the failure of the code to define a kitchen. Mr. Harrington
stated that staff believed the presence of a stove top and a
conventional oven constituted a kitchen. Mr. Lynch agreed that a
stove top and conventional oven would comprise a kitchen. Mrs.
Orthwein agreed and asked if the owners wouldn't be interested in
removing the stove top and making the area more of a bar. Mr.
Ogren stated he would ask the owners, but that they were pretty set
on having the appliances indicated on the drawing.
Mrs. Orthwein asked how long it would take to construct the
improvements. Mr. Ogren responded approximately 3 months.
Mr. Lynch moved, and Mr. McGraw seconded, that the proposed
improvements be recommended for approval to the Town Commission as
submitted, including the small appliances and stove top. Roll
Call: Mr. McGraw; AYE, Mr. Lynch; AYE, Mrs. Hvide; AYE, Chairman
Orthwein, AYE. Chairman Orthwein asked again that Mr. Ogren
request the Rodgers reconsider their need for a stove top.
C. Troy Ennis of Delray Marine Construction, Agent for Mr.
& Mrs. Sydnor Speer, 998 Pelican Lane, Gulf Stream, FL -
To permit construction of a wooden deck over a portion of
an existing dwelling and attached screen room which would
be accessible from an outside stairway.
Howard Montgomery of Delray Marine Construction reviewed the
proposed project and distributed pictures of the home and lot as
they currently exist. Mr. Montgomery explained that the deck would
be almost completely screened by the existing landscaping and that
Architectural Review and Planning Board Page 4
Regular Meeting - May 26, 1993
it would face properties located in Delray Beach. Mr. Montgomery
stated the deck could be left in a natural state or painted to
match the house depending on the wishes of the Board.
Mr. Lynch moved, and Mr. McGraw seconded, that the proposed deck be
recommended for approval to the Town Commission, as submitted, in
either a natural state or painted to match the house. Roll Call:
Mr. McGraw; AYE, Mr. Lynch; AYE, Mrs. Hvide; AYE, Chairman
Orthwein; AYE.
VIII. Items by Staff
A. June Meeting, June 30, 1993 at 9:00 a.m.
Town Manager Harrington announced this date is a week later than
usual but was preferred due to staff scheduling conflicts.
B. July Meeting, July 28, 1993 at 9:00 a.m.
Town Manager Harrington announced that this was the regular meeting
date. Only two of the Board members present indicated for sure
that they could attend. However, because the date is two months
away, all agreed to keep the date as planned until other members
could be contacted and schedules determined.
C. Construction in Progress Report for April 1993.
The Construction in Progress Report revealed there to be $6,943,797
worth of construction in progress.
IX. Items by Board Members
Chairman Orthwein directed that staff draft a definition for
"Kitchens". She stated that ovens should certainly be a part of
that definition. Mr. Lynch directed that staff draft a minimum
maintenance code as there were some problems in his area regarding
a negligent homeowner.
X. Public
There was no comment from the public.
XI. Adiournment
Mrs. Orthwein adjourned the meeting at 9:40 a.m.
E. Scott Harrington, Town Manager
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I %A.%IL-FIRST NAME -MIDDLE NAME
OGREN, SAMUEL Jr
\IAII ING ADDRESS
1117 Take Drive
�nl — —
Delray Beach
11\I1 ON \\Itll It \OTL OCCURRED
Mav 26. 1993
('OUN ll
Palm Beach
L. COMMISSION. AUrHORITY,
Architectural Review
THE BOARD. C'OUNC'IL. COMMISSION, AUTHORITY.
WHICH 1 SERVE IS A UNIT OF:
XCIIY COUNTY I ' 0`1 HER LO( AL AGENCY
NAME OF POLI I ICAL SUBDIVISION:
Town of Gulf Stream
NIIPOSITION IS:
LLEC1 WE
WHO MUST FILE FORM 8B
APPOIN I'IVL
I his form is I'or 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 bodies who are presented
\\ith a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular forte 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 greatly depending
on %% [tether 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:
\ 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
\vhich you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing 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 1'rom voting on a measure which
inures to his special private gain. Each local officer also is prohibited 1'rom knowingly voting on a measure which inures to the
—special gain of a principal (other than a government agency) by whom he is retained.
s person holding an appointive local office otherwise may participate in a matter in which he has it conflict of interest, but must
disclose the nature of the conflict bel'ore 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.
H I,I vl,
rA, -�
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETIN
• 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 mina
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF STATE OFFICER'S INTEREST
Samuel Ogren, Jr. , hereby disclose that on
(a) A measure came or will come before my agency which (check one)
_inured to my special private gain; or
inured to the special gain of
26, 1993 19—
(b) The measure before my agency and the nature of my interest in the measure is as follows:
by whom I am retain.
Mr. Christopher Rodgers, 555 Palm Way, Gulf Stream, F1. 33483 was
the applicant for a Site Plan Review to cover renovations to his property.
I am the architect retained by Mr. Rodgers and acted as'his agent in
this matter. I did not serve as a member of the board on the date this
matter was heard because of the conflict -of interest.
May 26, 1993
Date Filed
Cj-Sign'ature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUI.
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOW -
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTIO'
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
f rnR%f RR - 10. 96