HomeMy Public PortalAbout06 23 2022 Regular MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE
ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM,
FLORIDA ON THURSDAY, JUNE 23, 2022, AT 8:30 A.M., IN THE WILLIAM F.
KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF
STREAM, FLORIDA.
I. CALL TO ORDER
Chairman Murphy called the meeting to order at 8:30 A.M.
II. ROLL CALL
Present and Malcolm Murphy Chairman
Participating: Robert Canfield Board Member
Jorgette Smith Board Member
Also Present &
Participating:
Absent w/Notice:
Gregory Dunham
Edward Nazzaro
Rita Taylor
Renee Basel
Bob Dockerty
Curtiss Roach
Amanda Jones
Michael Greene
Town Manager
Assistant Town Attorney
Town Clerk
Deputy Town Clerk
Vice Chairman
Board Member
Alternate Board Member
Alternate Board Member
III. Minutes of the Regular Meeting and Public Hearing of 05-26-2022
Board Member Canfield made a motion to approve the minutes of the
May 26, 2022, meeting. Board Member Smith seconded the motion with all
voting AYE at roll call.
IV. Additions, withdrawals, deferrals, arrangement of agenda items
There were none.
V. Announcements.
A. Meeting Dates
1. Regular Meetings & Public Hearings
a. July 28, 2022, at 8:30 A.M.
b. August - No Meeting
C. September 22, 2022, at 8:30 A.M.
d. October 27, 2022, at 8:30 A.M.
e. November 17, 2022, at 8:30 A.M.
f. December 22, 2022, at 8:30 A.M.
Chairman Murphy called attention to the dates and made
mention that he would not be present at the July meeting. Deputy Town
Clerk called attention to the fact that she needed both Mrs. Smith and
Mr. Canfield to be present at the July meeting for there to be a quorum
and she noted that Mrs. Smith would be chairing that meeting.
VI. PUBLIC HEARING.
A. Declaration of Ex-Parte Communication
Minutes of ARPB Meeting & Public Hearing
Held 6-23-2022 @ 8:30 A.M.
Chairman Murphy and Board Member Canfield both stated they
had spoken with Mr. Dorsheimer regarding procedures and how to move
forward with his application.
B. Administer Oaths
Deputy Town Clerk Basel swore in Richard Brummer, Joe Pehota,
Jay Colestock, Joe Peterson, and Dan Dorsheimer.
C. Applications for Development Approval
1. An application submitted by Richard Brummer, as Agent for
Joseph and Laura Pehota, owners of the property located at 996 Pelican
Lane, Gulf Stream, Florida, legally described as S/D OF 9-46-43 NLY 109 FT
OF WLY 94.52 FT OF E 227.50 FT OF LT 25.
a. Demolition Permit to demolish existing property.
b. Land Clearing Permit to clear existing vegetation from
the building site.
c. Variance to reduce the minimum rear setback applicable
to the Property from 30' to 21'.
d. Variance to reduce the minimum Floor Area Ratio
applicable to the Property from 330-. to 35.250 (Section
70-74, Code of Ordinances for water in the North/South
District).
e. Variance to reduce the pool setback applicable to the
Property from 20' to 2' (Section 70-74, Code of
Ordinances for water in the North/South District).
f. Level 3 Architectural/Site Plan Review to permit the
construction of a new two-story SFR with two -car
garage, four bedrooms, bonus room and pool.
Mr. Richard Brummer, Architect, gave a detailed
PowerPoint presentation of an Anglo-Caribbean home. He added that they
were asking for the three variances due to a unique situation they had
been dealt regarding a ghost property. Mr. Joe Pehota, owner of the
property at 996 Pelican Lane, wanted to make sure the Board had received
a copy of the letter submitted by Mr. Cristofer Bennardo and he wanted
them to be able to visualize the two properties and consider them as one
property. Chairman Murphy stated that the two -plot application was very
central to their discussion today and that they had received the letter
in their agenda packet. Chairman Murphy asked if the house fell into the
parameters of an Anglo-Caribbean to which Town Manager Dunham stated that
at first glance, his thought was contemporary. Mr. Brummer stated that
the area had a plethora of styles ranging from contemporary to Bermuda to
Spanish -Mediterranean. Chairman Murphy asked about the roofing to which
Mr. Brummer stated it was a light gray tile. Board Member Smith asked if
the front doors were all glass or if they had mullions in them to which
Mr. Brummer stated they would have mullions. Board Member Smith noted
there were no shutters to which Board Member Canfield stated they weren't
on the renderings but were on the drawings. Board Member Canfield asked
about the siding to which Mr. Brummer stated it was typical six-inch
siding.
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Minutes of ARPB Meeting & Public Hearing
Held 6-23-2022 @ 8:30 A.M.
Chairman Murphy stated that with each variance, it had to meet all
eight criteria, and even though it had been addressed in the letter, he
asked that they go through each one. Chairman Murphy asked that if the
two parcels had been under the jurisdiction of Gulf Stream, then the
variances would not be needed to which Assistant Town Attorney Nazzaro
answered in the affirmative. Mr. Pehota stated that it was fundamentally
one property and that he didn't purchase two properties. Town Manager
Dunham stated that the seawall and extra parcel was not approved by the
Town of Gulf Stream or the City of Delray Beach, but it is in Delray
Beach. Mr. Pehota said he bought the property because it was on the
water. Much discussion was had regarding the lost parcel and whether to
look at the property as one lot or two lots. Chairman Murphy suggested
that if the owner were to build a smaller property, they wouldn't need
the variances. Board Member Smith asked if the survey had shown two
parcels to which Mr. Brummer stated that it did show two parcels, but Mr.
Pehota claimed that they assumed both parcels were in Gulf Stream. After
digging deeper, and at the suggestion of Town Clerk Taylor, Mr. Brummer
stated that is when it came to light that the parcels were in two
jurisdictions. Chairman Murphy asked if they were able to make any
judgment about the lost parcel legally to which Assistant Town Attorney
Nazzaro answered that in granting the variance, they were to only look at
parcel one and not the lost parcel, but what the applicant was asking for
was for them to look at it as if it were one parcel and not two. The
Board went through each variance against the eight criteria with Mr.
Brummer giving his explanation for each. Board Member Smith had issue
with the applicant meeting point three and thought it was granting a
special privilege. Assistant Town Attorney Nazzaro reminded them that
they were looking at the variance as it relates to the primary parcel and
not the surrounding lots. Board Member Smith stated that she had issue
with point four as well because they were being treated the same if they
were just looking at parcel one, which is what they were told to do by
the Town Attorney. Mr. Pehota argued that this was really one piece of
land, they didn't want to build a smaller house and stated the lost
parcel was of no use without parcel one. Mr. Brummer stated they were in
compliance with the rear setback per Chris Bennardo's explanation.
Assistant Town Attorney Nazzaro stated that staff believed the
interpretation was correct in this being a waterfront lot given that it
was originally platted as a waterfront lot and that the waterfront
setback is appropriate. Chairman Murphy questioned if it was a
waterfront lot without the lost parcel to which Mr. Nazzaro concurred.
Mr. Pehota argued again that it was truly one piece of land and to please
consider it that way.
Chairman Murphy stated they had heard and seen the history of the
lots, but wanted to make sure with Mr. Nazzaro that it was his
understanding that the variances were to be looked at in relation to
parcel one only and in the jurisdiction of the Town of Gulf Stream, to
which Mr. Nazzaro answered in the affirmative.
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Minutes of ARPB Meeting & Public Hearing
Held 6-23-2022 @ 8:30 A.M.
Board Member Canfield stated that this application met the
definition of peculiar stated in point one of the eight criteria. Board
Member Smith agreed, but stated she was still concerned with points three
and four and that it was an unapproved piece of land. Chairman Murphy
asked Mr. Pehota again if there had been two jurisdictions noted when he
bought the property, to which Mr. Pehota stated he had no knowledge of it
being two jurisdictions when he purchased the properties. Chairman Murphy
stated because of the uniqueness of this application, he felt it should be
moved forward, but it needed to come to a vote. He also commended the
applicant for having a letter that addressed all eight points of the
criteria. Because of the situation of there only being three members
present at the meeting, Assistant Town Attorney Nazzaro stated it would be
okay for the Chairman to second a motion in this situation.
Board Member Canfield made a motion to recommend approval of a
Variance to reduce the minimum rear setback applicable to the Property
from 30' to 21'. Board Member Smith saw this as granting a special
privilege to the applicant. Chairman Murphy seconded the motion.
Chairman Murphy and Board Member Canfield voted AYE with Board Member
Smith voting NAY.
Board Member Canfield made a motion to recommend approval of a
Variance to increase the minimum Floor Area Ratio applicable to the
Property from 33% to 35.250 (Section 70-74, Code of Ordinances for water
in the North/South District). Board Member Smith stated that it being a
new build, she felt they could make the FAR smaller without the need for a
variance. Chairman Murphy asked about the surrounding houses and Mr.
Brummer stated it wasn't oversized in comparison. Board Member Smith
seconded the motion. Chairman Murphy and Board Member Canfield voted AYE
with Board Member Smith voting NAY.
Board Member Canfield made a motion to recommend approval of a
Variance to reduce the pool setback applicable to the Property from 20, to
2' (Section 70-74, Code of Ordinances for water in the North/South
District). There was discussion regarding the pool being a minor
accessory structure and the applicant thought the setback was 10', but it
was actually 201. Mr. Pehota questioned it stating the letter from Chris
Bennardo to which Assistant Town Attorney Nazzaro stated that Mr.
Bennardo's letter must have been a typo and he quoted from Section 70-74
setbacks as it being 201. Board Member Smith once again stated that it
didn't meet points three, four and five and they had to look at it as lot
one only. Assistant Town Attorney Nazzaro stated that this would create a
non -conformity within the Town and if they were to replace the seawall,
staff may require them to put it at the rear property line of parcel one.
Chairman Murphy seconded the motion. Chairman Murphy and Board Member
Canfield voted AYE with Board Member Smith voting NAY.
Assistant Town Attorney Nazzaro asked Board Member Smith to again
state why she had voted no. She referred to point three because it would
confer a special privilege on the applicant, point four that we would not
be depriving them the rights enjoyed by other people, and number five
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Minutes of ARPB Meeting & Public Hearing
Held 6-23-2022 @ 8:30 A.M.
because it was a new build, she found it more reasonable not to allow the
variances.
Board Member Canfield made a motion to recommend approval of a
Demolition Permit to demolish the existing structure. Chairman Murphy
seconded the motion. Chairman Murphy and Board Member Canfield voted AYE
with Board Member Smith voting NAY.
Board Member Canfield made a motion to recommend approval of a Land
Clearing Permit to clear existing vegetation from the building site.
Chairman Murphy seconded the motion. Chairman Murphy and Board Member
Canfield voted AYE with Board Member Smith voting NAY.
Board member Canfield made a motion to recommend approval of a Level
3 Architectural/Site Plan Review to permit the construction of a new two-
story Anglo-Caribbean style single family dwelling with two -car garage,
four bedrooms, bonus room and pool.
1. Any minor modifications to the approved landscaping shall be
submitted to the Town Manager for review and approval and any
major modifications shall be brought back to the ARPB for review
and approval, prior to commencement of landscaping.
Chairman Murphy seconded the motion. Chairman Murphy and Board Member
Canfield voted AYE with Board Member Smith voting NAY.
2. An application submitted by Richard Gould, as Agent for
Dan Dorsheimer, owner of the property located at 945 Indigo Point, Gulf
Stream, Florida, legally described as Lot 72, Place au Soleil (Less Parcel
in OR2172P1699).
a. Demolition Permit to remove existing structures.
b. Special Exception to permit 300 sq. ft. of covered,
unenclosed area that exceeds the maximum permitted
floor area ratio.
c. Level 3 Architectural/Site Plan Review to permit the
construction of a new 5,290 sq. ft. two-story, West
Indies style single family dwelling with two -car
garage, covered patio, deck and swimming pool.
Mr. Jay Colestock, Architect, gave a detailed
PowerPoint presentation and began by stating that the surrounding houses
were massive in comparison to Mr. Dorsheimer's home, and they just
wanted his home to be more comparable. Mr. Colestock added that if they
received the special exception then they would be within the square
footage allowed. Chairman Murphy asked about the percentage of glass to
which Mr. Colestock stated each plane was different. Chairman Murphy
pointed out that the plans showed the glass percentage at 45%. Mr.
Colestock stated they were hoping to get more in the rear because the
sides and front were much less than what was required. He added that
because of the covered patio and the way the home rotation was on the
lot, no other house in the community would see the windows.
Mr. Joe Peterson, Landscape Architect, gave a detailed
presentation of the proposed landscaping. Chairman Murphy reminded Mr.
Peterson that the landscaping needed to be put in at the heights shown
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Minutes of ARPB Meeting & Public Hearing
Held 6-23-2022 @ 8:30 A.M.
on the plans and not what they were going to be 20 years from the date
they were put in. Mr. Peterson understood.
Town Manager Dunham stated that the architect had mentioned that
they met the FAR, but they were 24 sq. ft. over, even if the 300 sq. ft.
special exception was approved, which was noted in the applicant's
documents that he submitted. Board Member Smith noticed a difference in
the stone on the color rendering and the black and white with one being
a flat stone and the other a bit offset and jagged. Mr. Colestock
stated that it was going to be a patterned stone and they passed around
an actual sample of the stone. Board Member Smith then asked about the
siding to which Mr. Colestock stated it was a stucco siding that would
only occur on the second floor. Board Member Smith stated the
percentage of glass was over what was allowed and there were no mullions
on the windows. Mr. Colestock agreed there were no mullions because
they didn't want to hide the view. Board Member Smith stated that the
preferred style for Gulf Stream was mullions on the windows. Mr.
Colestock reiterated that no one was going to see the windows. Chairman
Murphy and Board Member Smith stated that didn't matter to which Mr.
Colestock said they could be added if needed. Board Member Smith then
noted that he was over the allowable percentage of glass to which Mr.
Colestock answered not by much. Town Manager Dunham stated that the
Code allows for 40% glass and mullions or muntins on the glass.
Chairman Murphy stated they were there to apply the Code and the Code
gave a clear number. Mr. Colestock stated 5% wasn't much to which
Chairman Murphy answered that was the point of the Code and it didn't
allow for a little over or a little under. Town Manager Dunham stated
that if they wanted 450, then it would require a variance and Chairman
Murphy added that a variance had eight criteria that would need to be
addressed. Board Member Smith added that when it was a new build, it
was difficult for them to bend in any way. She added that went for the
24 sq. ft. as well and went on to say that there is really no need for a
special exception on a new build.
Assistant Town Attorney Nazzaro stated that Mr. Colestock had
indicated his willingness to reduce the rear glass, so it conforms, as
well as the square footage, and asked that the Board address the special
exception regarding the extra 300 sq. ft. Mr. Colestock stated that
because this property was surrounded by bigger houses, this covered
patio helped to blend better with the community. Board Member Smith
asked how this property related to the other lot sizes to which
Assistant Town Attorney Nazzaro explained that this was a smaller lot
and the reason the surrounding lots had larger homes was because they
had larger lots, thus their floor area ratio would be larger.
Discussion was had regarding other new builds that were allowed special
exceptions. Assistant Town Attorney Nazzaro read from Section 70-72(b)
roof projections so that the Board could be more informed at what they
were looking at. He then stated that he had spoken with the Deputy
Clerk as well as the Town Manager and the fact that there would be
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Minutes of ARPB Meeting & Public Hearing
Held 6-23-2022 @ 8:30 A.M.
design changes, they felt the application should be deferred to the July
meeting.
Board Member Canfield made a motion to defer the application to
the July 28, 2022, meeting showing the 24 sq. ft. reduction in FAR
square footage, reduction of glass from 450-o to 40%, as well as mullions
being added to the windows. Board Member Smith seconded the motion with
all voting AYE at roll call.
VII. Items by Staff
Town Manager Dunham wanted to make mention that the poles on AlA
were finally coming down as the meeting was being held.
VIII. Items by Board Members
There were none.
IX. Public
There was none.
X. Adjournment
Chairman Murphy adjourned the meeting at 9:57 A.M.
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