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9oA VLL O TOWN OF PALM BEACH

Office ofThe Town Clerk

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MINUTES OF THE REGULAR TOWN COUNCIL MEETINGHELD ON WEDNESDAY SEPTEMBER 14 2011

1 L CALL TO ORDER AND ROLL CALL

2

3 The Regular Town Council meeting was called to order on Wednesday September 144 2011 at 930 am in the Town Council Chambers On roll call all of the elected officials5 were found to be present6

7 II INVOCATION AND PLEDGE OF ALLEGIANCE89 Town Clerk Owens gave the invocation Council President Rosow led the Pledge of

10 Allegiance11

12 Ill COMMENTS OF MAY GAIL L CONIGLIO13

14 Mayor Coniglio commented that she attended the Palm Beach County Commission15 Budget Hearing last night She indicated that she and Pat Cooper of the Palm Beach16 Civic Association spoke for tax relief in the millage rate She stated that Bobbie17 Horwich of the Towns County Budget Task Force and who attended the meeting with18 her has worked diligently with the Commissioners and provided invaluable support for19 the Town

2021 Council President Rosow noted that the current County millage rate is475 and is going22 up to 479 which is a 04 increase in taxes It is a 79million cut from the budget which23 will come from road projects and County reserves according to County Administrator24 Bob Weisman He stated that seventy residents spoke out at the first two public hearings25 and urged the Commissioners not to cut any programs but the various coalitions who26 spoke advocated a reduction in expenses Mr Weisman said these are one time cuts and27 they will be back with the same kind of budget problems next year Council President28 Rosow commented that four years ago the Towns budget was approximately 66 6829 million and that it is now 58 million30

31 Mayor Coniglio announced that she will need to leave the meeting around 1030am in32 order to meet with the Florida Department of Environmental Protection FDEP33 regarding the Towns concerns relative to funding for Reach 7 and the Clarke Avenue34 Beach calculations and associated restroom issues

Post Office Box 2029 360 South County Road Palm Beach Florida 33480Telephone 561 8385416 Facsimile 561 838 5417

Email townclerk@townofpalmbeachcom Websitewwwtownofpalmbeachcom

MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY SEPTEMBER 14 2011

1 IV COMMENTS OF TOWN COUNCIL MEMBERS AND TOWN MANAGER None2

3 V COMMUNICATIONS FROM CITIZENS 3 MINUTE LIMIT PLEASE None4

5 VI APPROVAL OF AGENDA

6

7 The following changes were made to the Agenda8

9 DEFERRED Item VIIC2m Variance 232011 was deferred to the October 1210 2011 Town Council meeting11

12 Motion was made by Council President Pro Tem Wildrick and seconded by Council13 Member Kleid to approve the Agenda as amended On roll call the motion carried14 unanimously15

16 VII DEVELOPMENT REVIEWS17

18 Town Clerk Owens administered the oath to all those who would be providing testimony19

20 A Appeals None

2122 B Time Extensions Waivers None

23

24 C Variances Special Exceptions and Site Plan Reviews25

26 1 Old Business

27

28 a VARIANCE 182011 The application of Edmiston Company29 relative to property commonly known as 333 Peruvian Avenue30 described as Lots 41 through 45 inclusive Block 11 Revised Map31 of Royal Park Addition to Palm Beach according to the map32 thereof as recorded in Plat Book 4 Page 1 of the Public Records of33 Palm Beach County Florida located in the CTS Zoning District34 The applicant requests a variance to permit the operation of a yacht35 charter and sales office containing approximately 1237 sq ft on36 the first floor which does not meet the requirements to allow an37 office use on the first floor in this situation The proposed use does38 not meet the special exception uses requirement in Section 13439 110918 that there are at least 50 existing office uses on all40 floors in the building or the requirement that there be more than41 50 existing office uses on the first floor within 300 feet of the42 proposed use within the same zoning district Attorney M43 Timothy Hanlon Deferred from the August 10 2011 Town44 Council Meeting

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1 The following exparte communications were declared Council Members Pucillo Kleid2 and Diamond Council President Pro Tem Wildrick and Town Council President Rosow3 spoke with Attorney Hanlon who advocated the position of his client4

5 Attorney Hanlon on behalf of Edmiston Company provided an overview of the6 applicantsrequest7

8 Zoning Administrator Castro provided staffscomments9

10 Motion was made by Council Member Diamond and seconded by Council Member Kleid11 that Variance 182011 be granted and find in support thereof that all of the criteria12 applicable to this application as set forth in Section 134201aitems 1 through 7 have been13 met subject to the condition that the display in the window be made to resemble a retail14 shop This variance is being approved for this tenant only On roll call the motion carried15 unanimously16

17 Staff was directed to bring before the Planning Zoning Commission the possibility of18 including yacht brokerages as a retail use as opposed to an office use and to have them19 make a recommendation to Council20

21 2 New Business

2223 a SITE PLAN REVIEW 102011 WITH VARIANCES The

24 application of Joan Eugene Kalkin relative to property25 commonly known as 170 North Ocean Blvd PSI701 described26 as Condominium Parcel No 701 and Covered Parking Unit 127 OCEAN TOWERS NORTH a Condominium according to the28 Declaration as recorded in Official Records Book 3208 Page 191329 of the Public Records of Palm Beach County Florida located in30 the RC Zoning District The applicant requests a site plan31 modification with variances to allow one 1 retractable awning32 totaling 2142square feet over the terrace on the seventh floor of a33 seven story condominium building Variances are requested to34 allow the awning at a height of 604 feet in lieu of the 23 235 maximum height allowed in the RC Zoning District to allow at an36 overall height of 629 feet in lieu of the 31 12 maximum height37 allowed to allow on the existing seventh floor penthouse of a38 seven story building in lieu of the two story building maximum39 allowed and to allow with a street yard setback of 1148 feet in40 lieu of the 1267 feet minimum required for multi family use41 Attorney Maura A Ziska ARCOM Recommendation

42 Implementation of the proposed variances will not cause negative43 architectural impacts to the subject property Carried 7044

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1 The following exparte communications were declared Council Members Pucillo2 Diamond and Kleid Council President Pro Tem Wildrick and Council President Rosow3 spoke with Attorney Ziska who advocated the position of her client4

5 Attorney Ziska on behalf of Joan and Eugene Kalkin provided an overview of the6 applicantsrequest78 ClerksNote Council PresidentPro Tem Wildrick temporarily left the meeting at approximately9 1003am


13 Motion was made by Council Member Diamond and seconded by Council Member Kleid14 that Site Plan Review 102011 be approved based upon the finding that the approval of15 the site plan will not adversely affect the public interest and that the Council certifies that16 the specific zoning requirements governing the individual use have been met and that17 satisfactory provision and arrangement has been made concerning Section 134 329 items 118 through 11 that the variances related to Site Plan Review 102011 be granted and find in19 support thereof that all of the criteria applicable to this application as set forth in Section20 134201aitems 1 through 7 have been met On roll call the motion carried 40 with21 Council President Pro Tem Wildrick absent22

23 b SITE PLAN REVIEW 11 2011 WITH VARIANCES The j24 application of Sandra E Garfunkel as Trustee of the Sandra E25 Garfunkel Trust uad5102010 relative to property commonly26 known as 170 North Ocean Blvd PSI 705 described as Unit27 705 and Covered Parking Unit 6 of OCEAN TOWERS NORTH a28 condominium according to the Declaration as recorded in Official29 Records Book 3208 Page 1913 of the Public Records of Palm30 Beach County Florida together with an undivided interest in the31 common elements thereof located in the RC Zoning District The32 applicant requests a site plan modification with variances to allow33 one 1 retractable awning totaling 2142 square feet over the34 terrace on the seventh floor of a seven story condominium35 building Variances are requested to allow the awning at a height36 of 604 feet in lieu of the 23 12 maximum height allowed in the37 RC Zoning District to allow at a overall height of 629 feet in lieu38 of the 31 12 maximum height allowed to allow on the existing39 seventh floor penthouse of a seven story building in lieu of the two40 story building maximum allowed and to allow with a side yard41 setback of 897 feet in lieu of the 1267 feet minimum required for42 multi family use Attorney Maura A Ziska ARCOM43 Recommendation Implementation of the proposed variances will44 not cause negative architectural impacts to the subject property

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MINUTES OF THE REGULAR TOWN COUNCIL MEETING WELD ON WEDNESDAY SEPTEMBER 14 2011

1 Carried 702

3 The following exparte communications were declared Council Members Pucillo4 Diamond and Kleid and Council President Rosow spoke with Attorney Ziska who5 advocated the position of her client Council President Pro Tern Wildrick was absent but6 had disclosed earlier in the meeting that he spoke with Attorney Ziska who advocated7 the position of her client89 Attorney Ziska on behalf of Sandra E Garfunkel provided an overview of the

10 applicantsrequest1112 Zoning Administrator Castro provided staffs comments13

14 Motion was made by Council Member Diamond and seconded by Council Member Kleid15 that Site Plan review 112011 be approved based upon the finding that the approval of16 the site plan will not adversely affect the public interest and that the Council certifies that17 the specific zoning requirements governing the individual use have been met and that18 satisfactory provision and arrangement has been made concerning Section 134329 items 119 through 11 that the variances related to Site Plan Review 112011 be granted and find in20 support thereof that all of the criteria applicable to this application as set forth in Section21 134201a items 1 through 7 have been met On roll call the motion carried 40 with22 Council President Pro Tem Wildrick absent

23

24 C SITE PLAN REVIEW 122011 The application of Susan25 Mercurio relative to property commonly known as 168 Seaspray26 Avenue described 471 and 473 of POINCIANA PARK SECOND27 ADDITION according to the Plat thereof as recorded in Plat Book28 6 Page 86 of the Public Records of Palm Beach County Florida29 located in the RB Zoning District The applicant requests a Site30 Plan Review to allow the construction of a2816 square foot two31 story single family residence on a non conforming platted lot32 which is 50 feet in width in lieu of the 100 foot minimum required33 and 6125 square feet in area in lieu of the 10000 square foot34 minimum required in the RB Zoning District Attorney Maura35 A Ziska36

37 The following ex parte communications were declared Council Members Pucillo38 Diamond and Kleid and Council President Rosow spoke with Attorney Ziska who39 advocated the position of her client Council President Pro Tern Wildrick was absent but40 had disclosed earlier in the meeting that he spoke with Attorney Ziska who advocated41 the position of her client42

43 Attorney Ziska on behalf of Susan Mercurio provided an overview of the applicants44 request

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3 Motion was made by Council Member Diamond and seconded by Council Member Kleid4 that Site Plan Review 122011 be approved based upon the finding that the approval of5 the site plan will not adversely affect the public interest and that the Council certifies that6 the specific zoning requirements governing the individual use have been met and that7 satisfactory provision and arrangement has been made concerning Section 134 329 items 18 through 11 On roll call the motion carried 40 with Council President Pro Tem Wildrick9 absent

1011 d SPECIAL EXCEPTION 232011 The application of 313 Worth12 Ave LLC Pier Mario Del Rosso Manager relative to properties13 commonly known as 313 z Worth Avenue 405 Hibiscus14 Avenue and 311 Peruvian Avenue described as lengthy legal15 descriptions on file located in the CTS Zoning District The

16 applicant requests special exceptions by new owner to continue to17 operate a 4800 square foot restaurant at 313 2 Worth Avenue18 which contains in excess of2000 square feet of GLA which is the19 same operation as the previous owner to allow offsite

20 supplemental parking spaces at 405 Hibiscus Avenue and 31121 Peruvian Avenue as was previously approved for the previous22 restaurant owner and to allow 46 outdoor dining seats of which 20 j23 seats exceed the maximum capacity as allowed by a previous24 variance granted to the restaurant in Via Bice Attorney Joel P25 Koeppel This item was deferred to the October 11 2011 Town26 Council meeting2728 The following exparte communications were declared Council Member Diamond29 spoke with Attorney Koeppel who advocated the position of his client30

31 Attorney Koeppel on behalf of 313 Worth Ave LLC provided an overview of the32 applicantsrequest33


36 Motion was made by Council Member Diamond and seconded by Council Member Pucillo37 that Special Exception 232011 shall be granted based upon the finding that such grant38 will not adversely affect the public interest and that the applicable criteria set forth in39 Section 134229 of the Town Code have been met subject to the condition that they execute40 a Declaration of Use Agreement which will cap the number of outside seating and provide a41 remedy for violations thereof On roll call the motion carried 40 with Council President42 Pro Tem Wildrick absent

4344 e SPECIAL EXCEPTION 242011 WITH VARIANCES The

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1 application of Charles S Duncker relative to property commonly2 known as 120 Reef Rd described as Lots 5 5A and 35 North3 Shore Addition to Palm Beach according to the map or plat4 thereof as recorded in Plat Book 20 Page 62 Public Records of5 Palm Beach County Florida located in the RB Zoning District6 The applicant requests a special exception to construct a 2007 square foot beach cabana on property across the street from the8 main residence which is in the RB Zoning District A variance is9 requested to construct a beach cabana with a 359 foot west side

10 yard setback in lieu of the 10 foot minimum setback required11 Request a variance to also have a setback from the bulkhead line of12 10 1 5 feet in lieu of the 1185 foot minimum required for a house13 being built east of the Coastal Construction Control Line at this14 location Attorney Maura A Ziska15

16 The following ex parte communications were declared Council Members Pucillo17 Diamond and Kleid and Council President Rosow spoke with Attorney Ziska who18 advocated the position of her client Council President Pro Tem Wildrick was absent but19 had disclosed earlier in the meeting that he spoke with Attorney Ziska who advocated20 the position of her client Mayor Coniglio spoke with the Architect Patrick Segraves21

22 Attorney Ziska on behalf of Melinda and Steve Dunker provided an overview of the23 applicantsrequest2425 Architect Segraves presented the architectural plans of the project26

27 Zoning Administrator Castro provided staffscomments2829 Carol Hack 111 Reef Road spoke in opposition to the project and suggested placing the30 cabana on the south end of the lot3132 Bill Atterbury representing Jeane von Oppenheim who owns the house to the south on33 Dolphin Road commented that his client had no objection to the cabana variance34 however she objected to the variance for the house setback35

36 ClerksNote Council President Pro Tem Wildrick returned to the meeting at 1037am37

38 Motion was made by Council Member Diamond and seconded by Council President Pro39 Tem Wildrick that Special Exception 242011 shall be granted based upon the finding that40 such grant will not adversely affect the public interest and that the applicable criteria set41 forth in Section 134229 of the Town Code have been met subject to the condition that the42 cabana be placed five feet to the south of the proposed location that the variances related43 to Special Exception 242011 be granted and find in support thereof that all of the44 criteria applicable to this application as set forth in Section 134201a items 1 through 7

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1 have been met with the cabana variance being subject to the condition that the cabana be2 placed five feet to the south of the proposed location On roll call the motion carried3 unanimously4

5 Staff was directed to bring before the Planning Zoning Commission consideration of the6 averaging of setbacks and to have them make a recommendation to Council7

8 ClerksNote Mayor Coniglio left the meeting at 1053am9

10 f SPECIAL EXCEPTION 25 2011 The application of Johnny11 Meier President FEDCO Inc relative to property commonly12 known as 2875 So Ocean Blvd described as lengthy legal13 description on file located in the C TS Zoning District The

14 applicant requests a special exception approval pursuant to15 Condition 2 in the original approval in 1980 to construct the16 existing building in the subject property Special Exception 2517 1980 The condition requires any retail applicant to contain Town18 Council approval for any use other than office and professional19 services This request is to allow Fedco to operate a retail 120 pharmacy in suite 103 of the first floor of the subject property21 containing 1879 square feet Site Plan Review approval is22 requested to convert approximately 1879 sq ft of existing23 rentable floor area in suite 103 of the first floor to allow Fedco to j24 operate a retail pharmacy Representative Johnny Meier25

26 The following exparte communications were declared Council Member Diamond spoke27 with Johnny Meier and the other representatives The Town Council received an email28 from the Citizens Association of Palm Beach2930 Architect David Miller presented the plans for the project3132 Mike Patel ph 255 Sunrise Avenue provided an overview ofthe applicantsrequest3334 Zoning Administrator Castro provided staffs comments35

36 Laurel Baker Chamber of Commerce spoke in support of the project and commented37 that there was a survey that indicated that a pharmacy would be welcomed in the south38 end ofthe Town

39

40 Mary Clennan 2840 S Ocean Boulevard spoke in opposition to the project41

42 Bruce Heyman representing the Citizens Association of Palm Beach spoke in favor of43 the project44

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1 Motion was made by Council Member Diamond and seconded by Council Member Kleid2 that Special Exception 252011 shall be conditionally granted based upon the finding that3 such grant will not adversely affect the public interest and that the applicable criteria set4 forth in Section 134 229 of the Town Code have been met subject to approval and5 execution of a Declaration of Use Agreement delineating the types of products that can be6 sold The Declaration of Use Agreement is to come back before the Council before final7 approval of this special exception is made On roll call the motion carried unanimously8

9 g SPECIAL EXCEPTION 262011 The application of Pucci10 Catana relative to property commonly known as 21 Via inner11 described as Unit C1115 Via Mizner South Declaration ORB12 7069 P203 located in the CWA Zoning District The applicant13 requests a special exception to permit the operation of a luxury pet14 boutique for the sale of goods related to pets in a 411 square foot15 square store at 21 Via Mizner The special exception is required16 for a use which is not specifically enumerated in the code but17 having the traffic patronage and intensity of use characteristics C18 similar to other permitted uses in the CWA zoning district19 Attorney M Timothy Hanlon20

21 The following ex parte communications were declared Council Members Diamond and22 Kleid and Council President Pro Tern Wildrick spoke with Attorney Hanlon who23 advocated the position of his client2425 Attorney Hanlon on behalf of Pucci Catana provided an overview of the applicants26 request27

28 Zoning Administrator Castro provided staffs comments29

30 Motion was made by Council Member Diamond and seconded by Council Member Kleid31 that Special Exception 262011 shall be granted based upon the finding that such grant32 will not adversely affect the public interest and that the applicable criteria set forth in33 Section 134 229 of the Town Code have been met On roll call the motion carried34 unanimously35

36 h REVISED SPECIAL EXCEPTION 272011 WITH SITE PLAN37 REVIEW AND VARIANCE The application of The Society of38 the Four Arts Inc relative to property commonly known as 1 239 3 and 4 Four Arts Plaza and 240 Cocoanut Row described as40 lengthy legal description on file located in the RB Zoning41 District The applicant requests a special exception with site plan42 review for nonprofit cultural use Section 134329 Section 13443 980 8 and Section 134229 The applicant request is that the44 Town Council grant a modification to the existing special

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1 exception by allowing the applicant to construct a 1208 square2 foot addition to the existing patio in the landscape island As part3 of the proposed project the existing crosswalks in the driveway4 connecting the parking lot to the existing patio and the existing5 patio to the buildings are being modified to allow for handicap6 access and safer pedestrian movement from the parking lot to the7 buildings These modifications to the crosswalks have already8 been administratively approved by Town staff as part of the9 proposed project a variance is requested for the west side of Four

10 Arts Plaza to allow the patio addition with an overall landscaped11 open space of 3675 in lieu of the 3769 existing and the 5512 minimum required for a lot in the RB zoning district over 6000013 total square feet The subject property is 11654386square feet14 A variance is also requested to allow the changes to the east side of15 Four Arts Plaza modifying the parking lot south driveway and16 patio on the north side of the Dixon Education Building old public17 school building which would decrease the landscape open space18 from 4555 minimum required to 4394 Attorney Harvey E19 Oyer III Landmarks Commission Recommendation

20 Implementation of the proposed variances will not cause negative21 architectural impacts to the subject landmark property Carried 722 02324 No exparte communication was declared25

26 Town Clerk Owens administered the oath to those who had not already been sworn in27 and would be providing testimony28

29 Attorney Oyer on behalf of the Society ofthe Four Arts provided an overview of the30 applicants request3132 Zoning Administrator Castro provided staffscomments33

34 Motion was made by Council Member Diamond and seconded by Council Member Kleid35 that Revised Special Exception 272011 shall be granted based upon the finding that such36 grant will not adversely affect the public interest and that the applicable criteria set forth37 in Section 134229 of the Town Code have been met that the site plan review related to38 Revised Special Exception 272011 shall be granted based upon the finding that the39 approval of the site plan will not adversely affect the public interest and that the Council40 certifies that the specific zoning requirements governing the individual use have been met41 and that satisfactory provision and arrangement has been made concerning Section 13442 329 items 1 through 11 that the variances related to Revised Special Exception 27201143 be granted and find in support thereof that all of the criteria applicable to this application44 as set forth in Section 134201aitems 1 through 7 have been met On roll call the motion

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1 carried unanimously2

3 i MODIFIED VARIANCE 192011 The application of Oleander4 Development LLC Alexander Hufty Griswold Managing5 Partner relative to property commonly known as 231 2336 Oleander Avenue described as DAISY E ERBS ADD LTS 167 17 located in the RC Zoning District The applicant requests a8 variance to construct an entry hall and balcony within the existing9 footprint of the building The current front yard setback is 152

10 feet a variance is requested to build the new entry hall and balcony11 at a 152 foot front yard setback in lieu of the 25 foot minimum12 required Representative Alex Hufty Griswold Deferred from13 the August 10 2011 Town Council Meeting14

15 The following exparte communications were declared Council Member Diamond spoke16 with the applicant Alex Hufty Griswold who advocated his position1718 Trey Sned on behalf of Oleander Development LLC provided an overview of the19 applicantsrequest20


23 Motion was made by Council Member Diamond and seconded by Council Member Pucillo24 that Modified Variance 419 2011 be granted and find in support thereof that all of the25 criteria applicable to this application as set forth in Section 134201a items 1 through 726 have been met On roll call the motion carried unanimously2728 j MODIFIED VARIANCE 202011 The application of Oleander29 Development LLC Alexander Hufty Griswold Managing30 Partner relative to property commonly known as 23723931 Oleander Avenue described as DAISY E ERBS ADD LTS 1432 15 located in the RC Zoning District The applicant requests a33 variance to construct an entry hall and balcony within the existing34 footprint of the building The current front yard setback is 15235 feet a variance is requested to build the new entry hall and balcony36 at a 152 foot front yard setback in lieu of the 25 foot minimum37 required Representative Alex Hufty Griswold Deferred from38 the August 10 2011 Town Council Meeting39

40 The following exparte communications were declared Council Member Diamond spoke41 with the applicant42

43 Trey Sned on behalf of Oleander Development LLC provided an overview of the44 applicantsrequest

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3 Motion was made by Council Member Diamond and seconded by Council Member Pucillo4 that Modified Variance 202011 be granted and find in support thereof that all of the5 criteria applicable to this application as set forth in Section 134201aitems 1 through 76 have been met On roll call the motion carried unanimously7

8 k VARIANCE 21 2011 The application of Robert Holuba relative9 to property commonly known as 1500 bake Court described Lot

10 B LAKE FRONT ADDITION TO BOCA RATONE

11 COMPANYSINLET SUBDIVISION according to the map or12 plat thereof as recorded in Plat Book 18 Page 5 of the Public13 Records of Palm Beach County Florida located in the RB Zoning14 District The applicant requests a variance to allow the addition of15 aT shaped dock with an outside length of 34 feet with two wood16 mooring pile clusters that will be 62 feet from the bulkhead in lieu17 of the 6 foot maximum allowed and the installation of two inside18 boat lifts associated with an existing 6 foot marginal dock19 Attorney Gregory S Kino20

21 The following exparte communications were declared Council Member Diamond22 spoke with Attorney Kino who advocated the position of his client23

24 Attorney Kino on behalf of Robert Holuba provided an overview of the applicants25 request26

27 Town Clerk Owens administered the oath to those who had not already been sworn in28 and would be providing testimony29

30 Robert Holuba 1500 Lake Court provided additional testimony regarding his request3132 Zoning Administrator Castro provided staffscomments33

34 Motion was made by Council Member Diamond and seconded by Council Member Pucillo35 to defer Variance 212011 to the October 12 2011 Town Council meeting On roll call36 the motion carried unanimously37

38 1 VARIANCE 222011 The application of 1111 Partners LLC39 Rick and Marie Wackenhut relative to property commonly40 known as 930 South Ocean Blvd described as lengthy legal41 description on file located in the RA Zoning District The

42 applicant requests variances to raise the floor and ceiling of the43 existing pool cabana and replace the flat roof with a pitched roof44 which will expand the height and overall height in the existing

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1 non conforming side setback of 29 feet in lieu of the 15 foot2 minimum required and for the same modifications to the existing3 pool cabana with a rear setback of six 6 inches in lieu of the 154 foot minimum required Attorney Maura A Ziska Landmarks5 Commission Recommendation Implementation of the proposed6 variances will not cause negative architectural impacts to the7 subject landmark property Carried 708

9 The following exparte communications were declared Council Members Pucillo Kleid10 and Diamond Council President Pro Tern Wildrick and Council President Rosow spoke11 with Attorney Ziska who advocated the position of her client12

13 Attorney Ziska on behalf of Mr and Mrs Wackenhut provided an overview of the14 applicantsrequest15

16 Zoning Administrator Castro provided staffs comments17

18 Motion was made by Council Member Diamond and seconded by Council Member Kleid19 that Variance 222011 be granted and find in support thereof that all of the criteria20 applicable to this application as set forth in Section 134201aitems 1 through 7 have been21 met On roll call the motion carried unanimously22

23 m VARIANCE 232011 The application of Stephen Anne Marie

24 Haymes relative to property commonly known as 146 Seminole25 Avenue described as The West 40 feet of Lot 9 all of Lot 10 and26 the East 10 feet of Lot 3 OCEAN PARK HW ROBBINS27 ADDITION TO PALM BEACH according to the plat thereof28 recorded in Plat Book 6 Page 78 of the Public Records of Palm29 Beach County Florida located in the RB Zoning District The30 applicant requests a variance to construct a second story addition31 that would enclose a 169 square foot balcony and would result in a32 cubic content ratio of432 in lieu of the 43 existing and the 39833 maximum allowed in the RB Zoning District Attorney Maura34 A Ziska bequest for Deferral to the October 12 2011 Town35 Council Meeting Per Letter Dated August 24 2011 from Maura36 A Ziska Special Circumstances This item was deferred to the37 October 12 2011 Town Council meeting38

39 n VARIANCE 242011 The application of Earle Mack relative to40 property commonly known as 1950 South Ocean Blvd described41 as Lot 107 PALM BEACH ESTATES a subdivision in the Town42 of Palm Beach Florida according to the plat thereof on file in the43 Office of the Clerk of the Circuit Court in and for Palm Beach44 County Florida as recorded in Plat Book 8 Page 3 located in the

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1 RAA Zoning District The applicant requests a variance to2 replace a three story guest house which is non conforming with a3 two story guest house with an 114foot side yard setback in lieu of4 the 30 foot minimum required in the RAA Zoning District The5 proposed guest house is 1140 square feet6 Attorney Maura A Ziska7

8 The following exparte communications were declared Council Members Pucillo Kleid9 and Diamond Council President Pro Tern Wildrick and Council President Rosow spoke

10 with Attorney Ziska who advocated the position of her client11

12 Attorney Ziska on behalf ofEarl Mack provided an overview of the applicantsrequest13


16 Motion was made by Council Member Diamond and seconded by Council Member Kleid17 that Variance 242011 be granted and find in support thereof that all of the criteria18 applicable to this application as set forth in Section 134201aitems 1 through 7 have been19 met On roll call the motion carried unanimously20

21 3 Other i22 j23 a Regulating the Renovation or Replacement of Nonconforming24 Accessory Structures25 John Page Director of Planning Zoning and Building26

27 Director of Planning Zoning and Building Page provided the background for minor28 variances regarding nonconforming accessory structures i29

30 Zoning Administrator Castro stated that staff was concerned that if staff exclusively ruled31 on these matters and there were any negative affects to the neighbors that the neighbors32 would have no further remedy with the Town Council3334 The consensus of the Town Council was to leave the policy the same35

36 VIII ANY OTHER MATTERS None37

38

39

4041

42

43

44

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1 IX ADJOURNMENT2

3 There being no further business the September 14 2011 Town Council meeting was4 adjourned at 12 17 pm5

6

7 APPROVED

8

9

1011

12 Ivid A Rosow

13 Town Council President

1415 ATTEST16

1718

19

20 Susan A ens MMC21

43 j 1 ogym ClerkJ

i

i

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