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HomeMy Public PortalAbout03/23/1994PUBLIC 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, March 23. 1994 at 9:00 A.M. and the Town Commission, sitting as the Board of Adjustment, will hold a Public Hearing on Friday, April 8, 1994 at `.J 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 James C. Perry, Architect, 4420 NE 15th Terrace, Oakland Park, F1. 33334 as Agent for Gerry Lepkanich, 17217 Huntington Parkway, Boca Raton, F1., owner of a parcel of property located at 3223 N. Ocean Blvd., Gulf Stream, F1. 33483 that is legally described as Lot 4 of Gulf Stream Ocean Tracts, requesting a variance from the provisions of the Code of Ordinances of the Town of Gulf Stream, Chapter 66; ZONING, Article VI.; DISTRICT REGULATIONS, Division 2. RS SINGLE-FAMILY RESIDENTIAL DISTRICT, Section 66-199; Location of Accessory structures Paragraph (4), Section 66-203; Side yard required and Article VIII.; SUPPLEMENTARY DISTRICT REGULATIONS, Division 2. ACCESSORY STRUCTURES AND RECREATIONAL FACILITIES, Section 66-368; Tennis courts. Paraarauh (c) to permit the construction of a tennis court which would extend five and one fourth feet (5.25') into the required thirty and one fourth feet (30.25') south side yard setback at the location listed herein. The subject variance is part of a revised site plan review application which includes the addition of an exterior stair for access to the second floor guest suites on the south side of the structure under construction at the aforementioned address. 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 afore- said 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: February 26, 1994 Publish: Palm Beach Post TOWN OF GULF STREAM, FL. Date of Publication: March 14, 1994 March 24, 1994;�terk April 2, 1994 Rita L. Taylor,�To 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 nTlTRTnR THF. FRONT DOOR_ �% $ F 'fi i s v 3 m o ;?P��3 PTLL T SOiw.��,^vE G1.G O_SoiOb' 3 n 61 .e:i" Ez��r-L o<`^ce." Nia��E to���F CT.p ��Q uOc 0��906��LL��O 2:�� Jcy" c NON < J��a_d'. 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U U U OU N O a rn rn ri N N Ps a�� F6 r: f,; PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a meeting on Wednesday, March 23, 1994 at 9:00 A.M. and the Town Commission will hold a meeting on Friday, April 8, 1994 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 Daniel H. Carter Landscape Architect Inc., P. O. Box 1315, Delray Beach, F1. 33444, as agent for Mr. & Mrs. Robert Dockerty, 3000 N. Ocean Blvd., Gulf Stream, F1., for an AlA Vegetative Disturbance Permit to permit the removal, replacement and addition of landscaping materials,and the relocation of portions of the existing driveway within the AlA Historic Corridor at the address stated herein, legally described as a portion of Lots 40 & 41, Gulf Stream Properties, Town of Gulf Stream, Palm Beach County, F1. Plat Book 18, Page 27. The Architectural Review and Planning Board shall make a recommendation to the Town Commission, and the Town Commission shall make a final decision regarding the subject application, at their respective meetings noticed above. These meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. Complete application materials are on file in the office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483 and may be reviewed during regular business hours which generally include non -holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PERSONS INTERESTED IN THIS MATTER 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 WITH RESPECT TO ANY MATTER CONSIDERED AT THESE MEETINGS, 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: March 8, 1994 TOWN OF GULF STREAM, FLORIDA Rita L. Taylor, '.pwn Clerk Ili PUBLIC 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, March 23, 1994 at 9:00 A.M. and the Town Commission will hold a Public Hearing on Friday, April 8, 1994 at 9:00 A.M., both in the Commission Chambers at the Town Hall, 100 Sea Road, Gulf Stream, Florida to consider the following: A. Materials submitted by Conrad DeSantis,-.DeSantis, Gaskill &'Hur%ston, 11891 U.S. Highway One, North'.Palm-Beach,'FL 3340'8-0127 as agent for the Gulf Stream School Foundation, Inc., 3600 Gulf Stream Road, Gulf Stream, FL 33483,that are necessary to comply with conditions of variances previously approved by the Town under File # 93-1. Said materials include: 1. Revised site plan. 2. Revised floor plan and elevations for proposed field house. 3. Drainage plan. 4. Utilities Plan including potable water & sanitary sewage. 5. Parking operations plan. 6. Landscape Plan. 7. Future building location plan. 8. Developers agreement providing for all of the above plans and describing the future operations and functions of school facilities. AND B. An application submitted by Robert Fetrow, Gator Engineering Services, Inc., 200 Knuth Road, Suite 214, Boynton Beach, FL 33436, as agent for the Gulf Stream School Foundation, Inc., 3600 Gulf Stream Road, Gulf Stream, FL 33483 for abandonment of the northerly twenty five (25) feet of the fifteen (15) foot right-of-way commonly known as Oleander Way on the Plat of Gulf Stream Properties No. 2 according to the plat thereof recorded in Plat Book 18, Page 42 of the Public Records of Palm Beach County. A survey of the location of the property noticed herein is available to the public at the Office of the Town Clerk in Town Hall. J 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 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: March 8, 1994 Publish: Palm Beach Post TOWN OF GULP STREAM, FL. Date of Publication: March 14, 1994 March 24, 1994 April 2, 1994 Rita L. Taylor, own 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. -goy qq w ap°i�°�o`Q°n u°u�d �ino'y°a.! is `oo ° c85o Wn°o LLS_=c i`°^`°e• •_.fie S�fY � ���d Y L•^ Nm Si°• a P � • C_Y �^OP P 'E S - n_ c v •E mc_.- _ � Vii_ - •_, m.e �-_- n¢[°¢..9$�3ci m- iim °a `J T'°. i :p 9 • ° qq °m-nn�c'' `°�:_� nW0_�C.<CLL<U00 .m^�Yi O =D C � • EF P2 apes` ab°•a° °¢ nxw� eymaom �a„E amoC6� •YE Sup Z-2 P ca Noe mQ�-+°5 °7m°Y��cau ^uw-?3•P., m°o °c�me N e e<in°•a m-1 ee=vev eo'n e•o'•e�i.a! =a -en Yec p 'e ua d7z 3 m��LL- •pi^E � s�=lemic E.`. ESEp:'e cocJ c:N=a. YV1 :e° E.::o.e' i•�ietYyn`coo�2- °ci .[g i_�n +pi 1” LL " ° m.•�O: :ivy= utt.LL- c- pUQCmCS^ypOiCp��2Y pLLy iDam �� C C=ate_ ELLI�i COC .. 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Fp wo3 L°W��pmaw[oioum Hl:Opb <OWOQ<W6OIL W_60Q ;0 EC0i0• OWQON. -.Z >62NZ LL 3L<cE00 <WiQm344 x<W.U-t-tW-ON i i Y�; LL < YEilso��m)m Of'_zU�m[fQ0_w<w W,, 0wm L :..6 Cc..'JFhwZZn6 < O�OmwzJOOy i••a00E.2tWS<<3W0<WW6¢6iJ06O•Z� [Sp \F1.9L060Un�upi w W i:1:JJOaJ>600 �: CHAIRMAN: VICE CHAIRMAN: BOARD MEMBER: ALTERNATE MEMBER: Joan Orthwein William Lynch Donald McGraw, Jr. Samuel Ogren, Jr. Susanna Souder Betsy Hvide R. W. Hopkins March 18, 1994 REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA, ON WEDNESDAY, MARCH 23, 1994 AT 9:00 A.M. IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Roll Call. III. Minutes of the regular meeting of January 26, 1994. IV. Additions, withdrawals, deferrals, arrangement of ,agenda items. V. Applications for Development Approval. A. Conrad DeSantis, DeSantis, Gaskill & Hunston, P.A. as agent for the Gulf Stream School Foundation, 3600 Gulf Stream Road. 1. SPIE PLAN REVISION to comply with conditions of variances previously approved by the Town under File #93-1 for the addition of a multi -use building at the above address. 2. ABANDONMENT of northerly 25' of Oleander Way. B. James C. Perry, Architect and agent for Gerry Lepkanich, 3223 N. Ocean Blvd. 1. VARIANCE (public Hearing) request to permit the construction of a tennis court which would extend 5.25' into the required south side yard setback at the location stated above. 2. SITE PLAN REVISION to permit the addition of an exterior stair on the south side of the structure under construction at the address stated above. 3. SIGN REVIEW to permit erection of a contractors sign at the address stated above. C. Daniel H. Carter, Landscape Architect as agent for Mr. & Mrs. Robert Dockerty, 3000 N. Ocean Blvd. 1. AlA VEGETATIVE DISTRUBANCE PERMIT to permit removal, re- placement and addition of landscaping materials, and the relocation of portions of existing driveway within the AlA Historic Corridor at the address stated above. VI. Assignment from the Town Commission A. ARPB directed to submit comments and suggestions to the Zoning Code Task Force that might be helpful in the review of the Code. VII. Items by Staff. A. Construction in Progress Report for January, 1994 B. Construction in Progress Report for February, 1994. VIII. Items by Board Members. 3:X. 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 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 HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON WEDNESDAY, MARCH 23, 1994,AT 9:00 A.M. IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. II. III Call to Order. The meeting was called to order at 9:00 A.M. by Chairman Joan Orthwein. Roll Call. Present and Participating: Also Present and Participating: Absent With Notice: Minutes of the Joan Orthwein William Lynch Donald McGraw, Jr. Susanna Souder R. W. Hopkins Scott Harrington John Randolph Rita Taylor Susan Ridgley James Orthwein Robert Fetrow Charles Toth James Perry Gerry Lepkanich Mary Lepkanich Mrs. Robt. Dixson Daniel Carter Samuel Ogren, Jr Chairman Vice Chairman Board Member Board Member Alternate Member Town Manager Town Attorney Town Clerk Pres. G.S. School Found. Vice Pres. School Found. Engineer, Gator Eng. Architect Architect -Agent Property Owner/Applic. Property Owner/Applic. Town Resident Landscape Arch./Agent Board Member 1994. Mr. Lynch moved that the minutes be approved as circulated and the motion was seconded by Mrs. Souder. Roll Call: Mr. McGraw; AYE, Mrs. Souder; AYE, Mr. Lynch; AYE, Mr. Hopkins; AYE, and Chairman Orthwein; AYE. IV. Additions_, withdrawals, deferrals, arrangement of aqenda items. There were no changes in the agenda. V. Applications for Development Approval. A. Conrad DeSantis, DeSantis, Gaskill & Hunston, P.A. as agent for the Gulf Stream School Foundation, 3600 Gulf -Stream Road. 1. SITE PLAN REVISION to comply with conditions of variances previously approved by the Town under File #93-1 for the addition of a multi -use building at the above address. Chairman Orthwein passed the gavel to Vice Chairman Lynch declaring a conflict in that James Orthwein is her brother-in-law. Susan Ridgley, President of the Gulf Stream School Foundation, reminded that that variances had been previously granted to permit construction of "field house" addition to the Gulf Stream School but with certain conditions attached. She advised that those conditions have been addressed with the assistance of architects and engineers and that they are here to seek approval of the site plan revision incorporating changes to comply with the conditions. She then introduced Mr. James Orthwein, Vice President of the Gulf Stream School Foundation. Mr. Orthwein began by expressing his appreciation to Mr. Harrington for his assistance in this lengthy process. He then displayed a rendering of the proposed field house. Mr. Orthwein explained that arrangements Regular Meeting & Public Hearing - Architectural Review and Planning Board March 23, 1994 page 2 have been made to connect all buildings, with the exception of the 3 homes on the property, to the private sewer system owned by the Gulf Stream Homeowners Improvement Association. He then asked Robert Fetrow, Engineer for the project, to explain what has been done with regard to the problems of drainage and parking, both of which are large concerns at the existing facility. Mr. Fetrow of Gator Engineering explained that the proposed design will retain far more than the first one inch of rainfall on the school property, thereby exceeding the Town's minimum requirements. He stated that due to poor soil conditions, it is necessary to have deep swales, exfiltration trenches and a large retention area east of the soccer field. Mr. Fetrow next explained that at the present time there are only 20 parking spaces and the new design will provide for 68 paved spaces with 110 additional overflow spaces on the soccer field available for use during special events. Mr. Orthwein stated that when construction of the facility is completed, there will be no need for vehicles to be parked on any streets as all spaces necessary are provided for on the school's property. Mrs. Souder questioned if the soccer field might be too wet to use for parking since there is retention planned near the field. Mr. Orthwein explained that the soccer field will be high ground and be sloped to provide fast drainage. Mr. Fetrow stated that in extreme conditions, it is possible that there might be some local flooding. Mrs. Souder next questioned what traffic pattern is planned. Mr. Fetrow advised that the entrance off AlA would be closed to incoming traffic with the exception of the garbage truck and such but that it would be open for traffic to exit from parking on the west side and the soccer filed during special events. All traffic would enter off Gulf Stream Road, he said. Charles Toth, the architect for the project, explained that the field house had been reduced from a proposed 11,000 square feet to 8,500 square feet and that it will now accomodate a full-sized basketball court. To accomplish this, the stage, large seating area, and classroom and office spaces have been removed, and the existing locker rooms are to be relocated to a new structure that will connect the northwest corner of the fieldhouse to the northeast corner of the auditorium. The field house will also have seating 120 persons, he said. In addition, renovations of the auditorium which include relocating the existing bathrooms and air conditioning units and removing the kitchen area, will increase the seating capacity to almost 400 people in that facility. All members of the ARPB agreed that the amended design is a big improvement over the one that was previously submitted. There was no comment from the public. Mr. Harrington called attention to Exhibit "J" in the packet entitled Envelope Layout & Setback Plan. He explained that this identifies 4 building envelopes within which future limited additions would be permitted without the school having to seek variances for setbacks, total floor area or for the expansion of a non -conforming use. However, all additions would undergo architectural and site plan review in Regular Meeting & Public Hearing - Architectural Review and Planning Board March 23, 1994 page 3 addition to any other approvals processes that might apply. He advised that this exhibit is in conjunction with Section 3 of the Developers Agreement which is also a part of the application packet. Mr. Harrington reminded that the Developer's Agreement was one of the conditions of approvals that were granted for the school improvements. He pointed out that Section 1 of the agreement details the current and traditional operations of the school, such as the total enrollment and �1grade levels, but does provide some flexibility for the future, such as permitting a year-round schedule. In addition, a maximum limit of 600 adults has been included for any events that may take place and all events are limited to those involving students and parents of the school or Town residents. Mr. McGraw moved and Mr. Hopkins seconded that the Site Plan Revision be recommended to the Town Commission for approval. Roll Call: Mr. McGraw; AYE, Mrs. Souder; AYE, Mr. Hopkins; AYE, and Vice Chairman Lynch; AYE. 2. ABANDONMENT of the northerly 25' of Oleander Way. Mr. Robert Fetrow explained that in an effort to improve on-site traffic circulation, the School is requesting to have the northern 25 feet of the 15 foot Oleander Way right-of-way abandoned. He advised that if it is abandoned by the Town, the School would receive the east half and the property owner to the west, Mrs. Love, would receive the other half. Mr. Fetrow went on to advise that the town staff had requested that the entire area of abandonment become a utility easement to provide access to an existing water line located in the right-of-way and that any other future utility improvements the Town may wish to install in the area. Mr. McGraw moved and Mr. Hopkins seconded that it be recommended to the Town Commission that the northerly 25' of the 15 foot Oleander Way right- of- way be abandoned subject to a utility easement being granted over the full extent of the abandoned right-of-way. Roll Call: Mr. McGraw; AYE, Mrs. Souder; AYE, Mr. Hopkins; AYE, and Vice Chairman Lynch; AYE. Vice Chairman Lynch returned the gavel to Chairman Orthwein. B. James C. Perry, Architect and agent for Gerry Lepkanich, 3223 N. Ocean Blvd. 1. VARIANCE ( public hearing ) request to permit the construct- ion of a tennis court which would extend 5.25' into the required south side yard setback at the location stated above. It was explained that the contractor, who is no longer involved with the project, had driven the piles for the sunken tennis court 5.25' farther to the south than was shown on the approved plans but that a sealed survey verified that they had been placed where shown on the approved plan. It was further explained that the piles are for the retaining wall around the court. Mr. Harrington stated that there is no definition of a -tennis court in the zoning code and he believed that the Board would have to determine how much of the area of the structure is actually the tennis court. He advised that there are two sizes of regulation courts, one with 12' alleys on the outside of the white laines and one with 9' alleys on the outside of the white lines. He stated that if a tennis court were to be defined as just the playing surface, the white lines could be moved north and the court constructed with 9' alleys, thus being out of the setback. Mr. Regular Meeting & Public Hearing - Architectural Review and Planning Board March 23, 1994 page 4 Harrington added that if the lines of the court were to be moved in this manner, there would be a strip of non-playing surface between the court and the retaining wall of approximately 6' which could be considered a patio area adjacent to a tennis court much the same as a patio deck adjacent to a swimming pool. He further stated that there is no restrict- ion on constructing retaining walls within the setback. Mr. Harrington then explained that if the entire area within the enclosure is to be considered a tennis court, a variance would be needed unless the piles and retaining wall were relocated out of the setback. Mrs. Souder and Chairman Orthwein believed the entire enclosed area should be defined as the tennis court and if the lines were moved northward, the 6' strip north of the retaining wall could still be utilized as part of the court. Mr. Perry and Mr. Lepkanich, who was in the audience, stated they would agree to erect a 3' high fence to divide the playing area from the 6' "patio" area if the Board felt it necessary. Mr. Lepkanich stated he would prefer to withdraw his request for a variance in favor of a site plan revision if the court could be reconfigured in this manner. Mr. Lynch moved that it be recommended to the Town Commission that a tennis court be defined as the area of play and that a site plan revision be approved provided the white lines of the court are moved 6' to the north and a 3' high fence erected to divide the court from the 6' patio area adjacent to the north retaining wall. The motion was seconded by Mr. Hopkins. Roll Call: Mr. McGraw; AYE, Mrs. Souder; AYE, Mr. Lynch; AYE, Mr. Hopkins; AYE,and Chairman Orthwein; AYE. 2. SITE PLAN REVISION to permit the addition of an exterior stair on the south side of the structure under construction at the address stated above. Mr. Lepkanich explained that there are two bedrooms and two bathrooms on the second floor to which there is no access. He stated that they will be used as guest rooms for visiting family members and it has always been intended that they have access from the outside of the house. He further stated that the approved plans showed an inside staircase and he had pointed this out to the conatractor, only to be told by him that the change to the outside would be made at a later time. Mr. Lepkanich advised that the second floor has been poured and structural members are in place that would greatly complicate the installation of an inside stair at this.point in the construction. He pointed out that the stair meets all the codes and he believed that it blends very well with the architecture of the home. Mr. Lepkanich advised that he had given the project to the contractor and had had no involvement until the past 3 months, which is the time he took control. He apologized for the problems his contractor had caused the town and assured the Board that he is making every effort to correct the errors that have been made and bring the project to completion, possibly by October, 1994. Mr. Harrington explained that Richard Brooks, an architect representing the contractor, Sam Caliendo, had made application more than a year earlier for a site plan revision to add an outside stair. At that time the Board felt the design of the stair provided by Mr. Brooks was not in keeping with the style of the structure and suggested that the architect return with a more fitting design. With that, the applicant withdrew the request. Many months subsequent to that, the applicant once again filed an application for a site plan revision which not only included a stair Regular Meeting & Public Hearing - Architectural Review and Planning Board March 23, 1994 page 5 but two additional second floor rooms. This request was denied, Mr. Harrington reported. Mr. Hopkins stated that there has always been a concern that at some future time, this wing with only exterior access could become a separate apartment. Mr. Lepkanich assured that this would not happen as long as he is the owner, and pointed out that there is no kitchen facility. Mr. Lynch stated that when the last application was heard, the Baord was told the extra room was needed for a growing family and a nanny. He reminded that the Board had approved a plan with an inside stairway and thought it was highly unusual for an owner not to be involved in any of the problems up to this point. Mrs. Souder stated that there had been continual objections to the size of the structure and to add something else makes it still larger. Chairman Orthwein agreed with Mrs. Souder. Mr. McGraw expressed concern with the very slow progress of the construction. The Town Clerk reported for the record that two objections had been received in the mail; one from Mrs. Robert J. Dixson and one from Waddell Hancock, both objecting to the requests. Mrs. Robert Dixson was in the audience and also expressed verbal objection to the size of the entire project. Mr. Lepkanich again apologized for the many problems associated with the project explaining that he was living out of state and was lead to believe the project was prase-EAng in an appropriate manner. He further stated that he had discussed with town staff a limitation that he not seek any other approvals from the Board for a period of time of at least one year from receipt of a certificate of occupancy, and he was agreeable to that. He also said he was agreeable to a condition that kitchen facilities not be added to the guest suite area and that the suite never be rented. Finally, Mr. Lepkanich stated he was prcceeding as expeditiously as possible to complete the home as soon as possible and would continue to do so. Mr. Lynch moved that it be recommended to the Town Commission that the site plan revision to permit the outside stair be granted provided that a) kitchen facilities not be added to the guest suite, b) the guest suite not be rented and, c) the owner not seek other approvals from the Board until a time period of at least one year has elapsed from the date the certificate of occupancy on the house is issued. Mr. McGraw seconded the motion. Roll Call: Mr. McGraw; AYE, Mrs. Souder; NAY, Mr. Lynch; AYE, Mr. Hopkins; AYE, and Chairman Orthwein; NAY 3. SIGN REVIEW to permit erection of a contractors sign at the address stated above. Mr. Lynch moved and Mr. McGraw seconded that the contractors sign of the design submitted, having a white background with black letters, be permit- ted provided it is not more than six square feet in size and is placed a minimum of 50 feet from the AlA right-of-way on the construction site. Roll Call: Mr. McGraw; AYE, Mrs. Souder; AYE, Mr. Lynch; AYE, Mr. Hopkins; AYE, and Chairman Orthwein; AYE. C. Daniel H. Carter, Landscape Architect as agent for Mr. & Mrs. Robert Dockerty, 3000 N. Ocean Blvd., Gulf Stream, F1. 1. AlA VEGETATIVE DISTURBANCE PERMIT to permit removal, re- placement and addition of landscaping materials, and the relocation of portions of existing driveway within the AlA Historic Corridor at the address stated above. Regular Meeting & Public Hearing - Architectural Review and Planning Board March 23, 1994 page 6 Mr. Carter reviewed the proposed project and pointed out what plants would be removed and which would be relocated. He then called attention to all of the new planting that would be added. Turning to the matter of the re- configuration of the driveway, Mr. Carter stated the intent is to permit vehicular access to the rear of the property and direct on-site traffic toward the south end of the property. Entry columns at the foot of the drive are also proposed but with no gate, he said. Mr. Harrington pointed out that a considerable amount of planting is planned for the AlA right-of-way, in back of the Australian pine trees. He advised that DOT would have to approve this and there is a possibility that they will not permit the plantings so close to the pavement. He suggested that if the vegetative disturbance permit is to be granted and DOT subsequently does not permit planting on their right-of-way, the remainder of the project stand and the applicant not be required to apply for a plan amendment. Mr. Lynch moved and Mr. McGraw seconded that it be recommended to the Town Commission that the AlA Vegetative Disturbance Permit be granted as requested with the condition that the applicant obtain all necessary permits from the DOT and, should the DOT fail to permit all or part of the landscaping in the right-of-way, approval for the remainder of the project shall stand and the applicant will not be required to apply for a plan amendment. Roll Call: Mr. McGraw; AYE, Mrs. Souder; AYE, Mr. Lynch; AYE, Mr. Hopkins; AYE, and Chairman Orthwein; AYE. VI.Assignment from the Town Commission. A. ARPB directed to submit comments and suggestions to the Zoning Code Task Force that might be helpful in the review of the Code. The members of the Board felt that after this lengthy meeting, they were not prepared to discuss this issue at this time. They suggested that in the interim, members of the Task Force be invited to attend the ARPB meetings so they can be aware of some of the problems encountered. Mr. Harrington said that he would relay the invitation at the meeting with the Task Force on March 24, 1994. VII. Items by Staff. A. Construction in Progress Report for January, 1994. The report revealed there to be $7,683,087 worth of construction in progress in the month of January, 1994. B. Construction in Progress Report for February, 1994. / $7,765,222 worth of construction was reported in progress in the month of February, 1994. VIII. Items by Board Members. There were no items by board members. IX. Public. There was no comment from the public. X. Adjournment. Chairman Orthwein adjourned the meeting at 10:55 A.M. on a motion to do so made by Mr. Lynch which was seconded by Mr. Hopkins with all voting in the affirmative. Rita L. Taylor, Town Clergy FORM Ub MEMORANDUM OF VOTING GONKICA FUH COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ,I ♦AMIL—I.IRS] NAME—.MIDDLE NAME ORTHWEIN, JOAN MIAII 1\C. AUDRESS 543 Palm Way Palm Beach Gulf Stream, Fl. 33483 11X11 UN N III( It MOPE 0('CURREU 3-23-93 ('OUN I1 NAME OF BOARD. COUNCIL. COMMISSION, AUMORII Y. UK LUMMI I I CL OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: %CITY COUNTY I OTHER LOCAL AGENCY NAAIL UI 1'11L11ILAL sUUU1VOlUN: Town of Gulf Stream MlPOSITION IS: LLECI'I VL X APPOIN IIVE WHO MUST FILE FORM 8B I his form is for 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 1Mith a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form 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 whether 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 F i.ECTED 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 which you are abstaining from voting; and WITHIN 15 DAPS 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 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. P1 person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. I1 YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE NVILL BE TAKEN: i You should complete and file this form (before making any attempt to influence the decision) with the person responsible for irecording 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. i • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. 1.I �L ru,I i 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 mini of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST ( Tnan n,-+t,w� -a , hereby disclose that on s; 2� igg4 , 19 (a) A measure came or will come before my agency which (check one) inured to my special private gain; or I inured to the special gain of James Orthwein T (b) The measure before my agency and the nature of my interest in the measure is as follows: to related ,eta} whom I am mxaac Conditions of variances that were previously granted to the Gulf Stream School Foundation to permit construction of a new "field house" were presented for approval,as was an amended site plan incorporating the conditions and a request for abandonment of the northerly 25' of Oleander Way. James Orthwein, who is my brother—in—law, represented the School in these aDDlications. 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. 1 - nR%T sn . to F6