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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. 2 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. 91 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 S 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 5 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 V 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. 7