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HomeMy Public PortalAbout09 18 14 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, SEPTEMBER 18, 2014 AT 8:30 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Chairman Lyons called the meeting to order at 8:30 A.M. II. Roll Call. Present and Participating Absent with Notice: Also Present and Participating: Paul A. Lyons, Jr. Thomas A. Smith Robert J. Dockerty S. Curtiss Roach Hewlett Kent(arrived Malcom Murphy Amanda Jones John Randolph William Thrasher Rita L. Taylor Richard Jones Mark Marsh Tom Laudani Christopher O'Hare Martin O'Boyle Marty Minor Chairman Vice Chairman Board Member Alternate Member 9am)Alternate Member Board Member Board Member Town Attorney Town Manager Town Clerk Agent:3140 Polo Dr.LLC Agent: Jay Crompton Owner: Seaside Bldrs. Town Resident Town Resident Consultant III. Minutes of the Regular Meeting and Public Hearing 7- 24 -14. Vice Chairman Smith moved to approve the Minutes of July 24, 2014 as presented and Mr. Roach 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 Meeting a. October 23, b. November 20, c. December 18, d. January 22, e. February 26, Mr. Smith asked if there would there would be. & Public Hearing 2014 @ 8:30 A.M. 2014 @ 8:30 A.M. 2014 @ 8:30 A.M. 2015 @ 8:30 A.M. 2015 @ 8:30 A.M. be an October meeting and was advised Chairman Lyons asked if the November 20th and December 18th dates will work for everyone and all were in agreement with them. Chairman Lyons officially confirmed those dates. VI. PUBLIC HEARING. The Town Clerk requested that those who wish to speak during the Public Hearing please stand and be sworn. The Clerk administered the Oath to ARPB Public Hearing And Regular Meeting September 18, 2014 Mark Marsh, Richard Jones, Dave Bodker, Christopher O'Hare, Martin O'Boyle, Marty Minor. There was no ex -parte communication declared. A. Applications for Development Approval 1. An application submitted by Richard Jones as Agent for 3140 Polo LLC, owner of property located at 3140 Polo Drive, Gulf Stream, Florida 33483, legally described as Lt 7 Gulf Stream Cove. Mr. Jones called attention to the rendering of the proposed structure on the screen and a colored landscape plan. He explained that while this is a modest size lot, it has a wonderful open view down the canal and into the Intracoastal Waterway. He pointed out the increased setbacks on the sides with substantial offsets in the house from the front and a very large back yard setback off the Intracoastal and pool deck. Mr. Jones stated they are requesting the Special Exception in the rear and have met the standards for such as set out in the Code. He further noted that the standards have also been met to allow an additional 99 sq. ft. of covered, unenclosed area that exceeds the maximum allowed FAR. Mr. Jones explained this proposed structure is a partial two story Bermuda style home with a courtyard in the front and a two car garage. The interior has a great room and a master suite on the ground floor, he said. He called attention to the parapet on one side of the entry and then echoed in the wing walls that project off the house. Dave Bodker presented the landscape design. He pointed to numerous verities of Palm trees in the front with abundant ground cover and vines on the railing around the courtyard. The existing hedge on the sides will be kept in place and verity of various height trees will be planted between the hedge and the house and in between the palms. He called special attention to an existing avocado tree on the south that will remain and a number of different types of palm trees that will be planted in the back yard. Chairman Lyons asked if there has been any comment from the neighbors to which the Town Clerk replied that there had been none. a. Demolition Permit to remove existing structures. Vice Chairman Smith moved to recommend approval of the Demolition Permit and the motion was seconded by Mr. Roach and all voted AYE at roll Call. b. Land Clearing Permit to clear property for new const. Vice Chairman Smith moved to recommend that the Land Clearing Permit be approved and Mr. Dockerty seconded the motion and all voted AYE at roll call. c. Special Exception #1 to permit the reduction of the rear waterfront setback to 37'2 ". Vice Chairman Smith moved to recommend the approval of Special Exception #1 and Mr. Dockerty seconded the motion with all voting AYE at Roll Call. 2 ARPB Public Hearing And Regular Meeting September 18, 2014 d. Special Exception #2 to permit 99 sq. ft. of covered, unenclosed area that exceeds the maximum floor area ratio. Vice Chairman Smith moved to recommend that Special Exception #2 be approved with the condition that prior to the issuance of a Certificate of Occupancy, the owner of the property shall prepare and record a deed restriction which shall provide that 99 sq. ft. of open unenclosed roof projection areas, as shown on drawing SP1 dated 8/15/14 and provided at the 9/18/14 ARPB meeting, shall remain so for as long as the structure is in existence or exceeds the maximum permissible FAR. Mr. Dockerty seconded the recommendation. Tom Laudani, representing Seaside Builders, was recognized and the Town Clerk administered the Oath. Mr. Laudani objected to the deed restriction calling attention that would place a cloud on the title and would restrict future owners who may want to make enclosures. Mr. Jones, the architect, advised that there was enough left to work with after the 99 sq. ft. was restricted. Mr. Thrasher confirmed that this type of restriction has been placed on approvals many times in the past and added that the restriction is one of the specific standards of approval for this requested Special Exception which could not be granted without the deed restriction. Mr. Laudani stated he had no objection as long as the restriction stated that it is the 99 sq. ft. that is restricted. He then asked if this can be done administratively and was advised it cannot be administratively. Chairman Lyons then called for a vote on the motion and all voted AYE at roll call. e. Level 3 Architectural/ Site Plan Review to permit construction of a 2 story single family Gulf Stream Bermuda style dwelling with attached 2 car garage, consisting of 4,540 square feet, and a swimming pool. Christopher O'Hare asked to speak prior to the vote being taken. He read the names of the plants that are planned for the landscaping of this property. He stated that approximately 1 year previously both Mr. Marty Minor and Mr. Thrasher had said that if a plant is not in Section 71 -50 of the Code, it is not allowed in town. He said none that are listed appear in Sec. 71 -50 and the Commission has taken no action to direct Mr. Thrasher to rule any other way. He asked if a variance is required since these plants are not on the town's planting list. Mr. Thrasher advised that Mr. O'Hare has made this complaint previously and it has been addressed on previous applications. Mr. Thrasher stated that Mr. O'Hare is referring to a Special Magistrates Hearing at which that was the town's position. The Special Magistrate did not rule in favor of the town because of the language of the code which speaks of 3 ARPB Public Hearing And Regular Meeting September 18, 2014 other materials that could be used to locate or be used for identifying materials that can be placed on a property. He repeated that is language in our Code and consequently these materials, which are all non - native, are found in present publications and therefore no variances are required as these materials are acceptable and allowed. Mr. O'Hare stated he had no idea what the deed restriction is all about but it appeared to him that the Board is attempting to tie the hands of any future boards. He felt clever gentlemen like this board should be able to find a way to give Mr. Laudani what he wants without putting something in that the title company will charge him another thousand dollars to try to rectify and convenience an owner it's not something that's going to hurt them down the line. He had no further comment. Martin O'Boyle was recognized and asked if this is the area where the boat was. Chairman Lyons asked what boat he was referring to. Vice Chairman Smith said this property faces the canal and is not on the Cove. Mr. O'Boyle said he was just curious. In addressing the matter of a deed restriction, Mr. O'Boyle believed this deed restriction to be a bad thing and he encouraged the Board to rescind it. Chairman Lyons commented that the use of deed restrictions assists in controlling overbuilding on the lots and protecting the character of the neighborhoods. Mr. Thrasher explained that if any changes were to be made, the possibility would be reviewed by staff, by this board (ARPB) and by the Commission with legal assistance in all cases. He further explained that the 99 sq. ft. referred to in this application could be applied to any unenclosed area on the structure. Vice Chairman Smith observed that if the structure had been 99 sq. ft. smaller, this would not have to be addressed at all. He realized the developer does not want to do that. Mr. Laudani advised that he would just have his attorney contact Attorney Randolph just to be sure it is clear and not making a title problem. Vice Chairman Smith moved to recommend approval of the Level 3 Architectural /Site Plan Review and Mr. Dockerty seconded the motion with all voting AYE at roll call. 2. An application submitted by Mark Marsh of Bridges, Marsh & Associates, as agent for Mr. & Mrs. Jay Crompton, owners of property located at 3500 Polo Drive, Gulf Stream, Florida 33483, legally described as Lot 5, Block 3, Plat No. 1, Polo Fields Subdivision. 0 ARPB Public Hearing And Regular Meeting September 18, 2014 Mr. Marsh displayed drawings of the structure, explaining it is a French Chateau style dwelling that the Crompton's purchased approximately 4 years previously. He stated that the 1,060 sq. ft. they are proposing to add complies with all of the Floor Area Ratio requirements. He pointed out that the expansions are on the east elevation. These additions requested are extensions to the Northeast wing and the Southeast wing, a utility room on the side of the garage, a small breakfast area and a new Portico entry on the east elevation where there are two wings coming out about 19 feet. He further pointed out that on the south side there is an area between the garage and the kitchen where they want to provide a new utility room, in that there is none in the home at this time. In addition, they will be enclosing a breezeway and making it into a small breakfast area which is currently on the roof. In addition to these improvements he reported they would like to install new impact windows throughout the building. Mr. Marsh added that they would also be adding a new entry portico as there is no cover at the present time. He said the color will be the same as it is with the dark green shutters. They will also attempt to re -roof the house with Vermont Slate, replacing the asphalt shingles. He said if this doesn't work out, he will be back with an alternative. Mr. Marsh pointed out that the property is heavily landscaped and they will be relocating a few trees and adding some ground cover. Attention was directed to a letter from a neighbor, James Walton, stating that he had no objection to this project but he requested that vehicles not be parked on Banyan as it makes it impossible for him to access his driveway. Mr. Marsh called attention to the large parking area on the property and stated they would be making every effort to keep all vehicles on the site. He added that this is not a large project and they would be staging the construction so the workers involved will not all be there at the same time. Mr. Thrasher added that there will be a Traffic Management Plan prepared by the police department when the Building Permit is issued. a. Level 2 Architectural /Site Plan Review to permit additions to the existing two -story single family French Chateau style dwelling, a total of 1,060 square feet. These additions requested are extensions to the Northeast wing and the Southeast wing, a utility room on the side of the garage, a small breakfast area and a new Portico entry on the east elevation. Mr. Dockerty moved to recommend approval of the Level 2 Architectural /Site Plan Review as stated herein and Vice Chairman Smith seconded the motion with all voting AYE at roll call. VII. Items by Staff. Report from Place Au Soleil Association, Inc. -Code Changes 5 ARPB Public Hearing And Regular Meeting September 18, 2014 Town Manager Thrasher called attention to two documents received from the Place Au Soleil Homeowners Association with the results of the straw ballot that was recently taken as requested by the Ad Hoc Committee and the ARPB. He reminded that the request was for input from Place Au Soleil regarding proposed changes to the Code that are of importance to Place Au Soleil. He advised that copies of these documents have been distributed and been made available to the public and asked if anyone wanted them read. The Board members advised they had reviewed the reports and Chairman Lyons did not feel it necessary to read them since they are on record. Chairman Lyons believed this has been a successful process originating with the Ad Hoc Committee to this point of receiving feedback directly from those in Place Au Soleil. Christopher O'Hare was recognized and stated he had received one of the straw ballots and felt it was a loaded question and there were many emails back and forth and some were irritated, wanted to have an ad hoc committee formed to come up with a consensus, the general feeling being that it wasn't taken into account what the people really wanted or the character of the neighborhood. He sighted, under open front lawns, that Mr. Thrasher had defined that as being able to see the front door from the street. He said that 30 of the 90 homes in Place Au Soleil the front doors were not visible. He further stated that he understands that the Association wants to keep the open front lawns as part of the character of the neighborhood. He believed this reference was much too vague to be enforced and the Commission should request that it be clarified. He felt this means that you have a broad vista when driving down the road, which may be true on Avenue Au Soleil but not when driving down the side streets. Mr. O'Hare believed this comes close to a constitutional taking of property. He said if the property owner is told he has to sacrifice the use and pleasure of gardening in this area so the rest of the town could benefit visually, esthetically, that it might require compensation. He felt it unfair to tie up people for eternity who would like to explore the landscape potentials of their property. He closed by suggesting the matter of open front lawns be considered more closely. Chairman Lyons commented that he felt the definition to be quite clear. Mr. Thrasher read the proposed definition. Mr. O'Hare then inquired if this was a new definition and was advised that it is the one that has been recommended by the Ad Hoc Committee and is now being considered by the ARPB for recommendation. Mr. O'Hare stated he was not aware of that and assumed it would be decided by the Town Commission. ARPB Public Hearing And Regular Meeting September 18, 2014 Mr. Dockerty moved to recommend that the following definition be added in Section 66 -1: Open Front Lawns herein referred to as view vista and applicable to front yards within the North /South and Place Au Soleil Districts. A view vista is the measurement distance of the front property line. Open front lawns, view vista, shall be a minimum of 75% of the front property line and without landscape planting exceeding a mature height of 31. The landscaped vista view, plantings over 3', shall be no more than 25% of the front property line. The motion was seconded by Mr. Kent and all voted AYE at roll call. Fences in Place Au Soleil (Deferred from 7- 24 -14) Chairman Lyons reminded that this item had been deferred in order for the Place Au Soleil Association to have time to obtain input from their members. He advised that the members are in agreement with the recommendation of the Ad Hoc Committee and asked if there are any questions or any discussion on this matter and there was none. Mr. Dockerty then moved that it be recommended that Section 70 -187; Table of District Standards, 6; Fences -Place Au Soleil - Front, provide language that would allow 6 ft. open aluminum rail fences with a minimum 2 ft. high base of landscape material planted in front (road side) of the rail fence which shall be maintained at a minimum 3 ft. height and such fencing not to extend beyond the outer face of the structure. The - motion was seconded by Vice Chairman Smith and all voted AYE at roll call. B. Housekeeping Code Change 1. Change FEMA minimum finished floor elevation to 6' NAVD Mr. Thrasher explained that FEMA is in the process of changing the floor elevations from the NVGD designations to NAVD and the min. finished floor elevation in Gulf Stream will be established at 6' NAVD. He recommended that this change be made at this time along with all the others. Vice Chairman Smith moved that the current code, in all areas that are applicable, be amended to read the minimum finished floor shall be 6' NAVD and the motion was seconded by Mr. Dockerty with all voting AYE at the roll call. 2. Extend N. Ocean Blvd. Overlay Dist.to include annexed area Mr. Dockerty moved to recommend that the North Ocean Boulevard Overlay District be extended northerly to include all of the recently annexed area and the motion was seconded by Vice Chairman Smith with all voting AYE in the roll call. 3. Include Chapter 58 in Special Magistrate jurisdiction Mr. Kent moved to recommend that Chapter 58 of the Code be included in the jurisdiction of the Special Magistrate. Vice Chairman Smith seconded the motion with all voting AYE at roll call. 4. Change (except doors) to (except front entrance doors) in para. (d)(2) Definition on pg. CD70:63 7 ARPB Public Hearing And Regular Meeting September 18, 2014 Mr. Kent moved to recommend that in paragraph (d)(2) Definition found on page CD70:63, the phrase "except doors" be amended to read "except front entrance doors" and Mr. Dockerty seconded the motion. All voted AYE at roll call. C. Discussion Vice Chairman Smith moved that the following three items be deferred to the next meeting on October 23, 2014 and the motion was seconded by Mr. Dockerty with all voting AYE at roll call. 1. Should paver brick be counted as hardscape Sec.70 -80, Sec. 70- 148(1) 2. Should undivided windows over 3' wide or more than 16 SF visible from waterway be prohibited Sec. 70- 101(d)(5) 3. Should 3 -stall or larger garages be prohibited from facing the street Sec.70- 105(3) VIII. Items by Board Members. A. Reconsideration of previous recommendation to not add "Or other dark colored tiles" to Section 70- 238(a). Considerable discussion was held and it was determined that language was needed to put a burden on the applicant to show what they are asking for is proper for the architectural style and the character of the District. The Town Manager asked Mr. Marty Minor if he could prepare something for consideration at the next meeting and Mr. Minor stated he would be happy to do that from the direction he had heard at this meeting. IX. Public. There was no comment from the public. X. Adjournment. Chairman Lyons adjourned the meeting at approximately 10:15 A.M. Rita L. Taylorc� Town Clerk E