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HomeMy Public PortalAbout04/15/1992 * Special MeetingApril 13, 1992 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONER: James E. Cross Lawrence E. Stahl Kathleen S. Wallace SPECIAL MEETING OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM TO C1 BE HELD ON WEDNESDAY, APRIL 15, 1992 AT 8:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. ArRNDA I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Site Plan Review A. Everett H. Jenner, AlA Architect, Agent for William Lamson, 3777 N. Ocean Blvd., Gulf Stream, F1. 33483 -Site Plan Amendment to permit changes to all four elevations of a dwelling under construction at the address stated herein. B. Samuel Ogren, Agent for Mrs. James Jones, 1430 N. Ocean Blvd., Gulf Stream, F1. 33483- Construction of a roof over a portion of the existing front terrace. V. Adjournment SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, 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. SPECIAL MEETING HELD BY THE GULF STREAM TOWN COMMISSION ON WEDNESDAY, APRIL 15, 1992 AT 8:00 A.M. IN THE GULF STREAM TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order Vice Mayor Armour called the meeting to order at 8 A.N II. Pledge of Allegiance Commissioner Wallace led the Pledge of Allegiance. III. Roll Call Present and Participating: Absent with Notice: Also Participating: Alan I. Armour James Cross Kathleen Wallace William F. Koch, Jr Lawrence Stahl E. Scott Harrington Byron Cornwell Rita Taylor Samuel Ogren William Lamson Henry Wright Charles Velie Barbara Stenson Winstone'viaidle Joan Orthwein Vice Mayor Commissioner Commissioner Mayor Commissioner Town Manager Assistant Town Attorney Town Clerk Agent for Mrs. Jones Applicant Town Resident Town Resident Town Resident Town Resident Chairman of ARPB IV. Site Plan Review Vice Mayor Armour directed that item IV.B. be considered first in that it is expected that item IV.A. will require more time for consider- ation that IV.B. B. Samuel Ogren, Agent for Mrs. James Jones, 1430 N. Ocean Blvd., Gulf Stream, F1. 33483 - Construction of a roof over a portion of the existing front terrace. Vice Mayor Armour called attention to the fact that there are only three members of the Commission present which represents a quorum of the Commis- sion. He asked the Town Attorney if,in considering the site plans, it would be necessary to have a majority vote of the present quorum or a majority of the entire commission. The Town Attorney advised that a majority of the quorum present (2) is sufficient for the site plan review procedure. Mrs. Orthwein, Chairman of the Architectural Review and Planning Board explained that there is an existing terrace which faces the east -and C Mrs. Jones is requesting that a roof be added over a portion of the terrace. She reported that the ARPB unanimously recommended that the request be approved as submitted. Commissioner Wallace moved and Commis- sioner Cross seconded that the site plan be approved as requested and recommended by the ARPB. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, and Vice Mayor Armour; AYE. A. Everett H. Jenner, AIA Architect, Agent for William Lamson, 3777 N. Ocean Blvd., Gulf Stream, F1. 33483 -Site Plan Amendment to permit changes to all four elevations of a dwelling under construction at the address stated herein. Town Manager Harrington explained that the changes that are being consider- ed in this review have already been constructed without having a site plan review and without having obtained a building permit for them. Town Commission - Special Meeting page 2 April 15, 1992 He advised that in considering each change, the fact that it is already in place should not be a part of the consideration. The changes should be reviewed as any other design or project is reviewed before any construct- ion has taken place. He emphasized that the Commission has no obligation to either approve or disapprove the changes because they are already in place. Mr. Harrington then explained each change that is being requested G as follows: West Elevation (front): Changes were made to the treatment of the window on the north side, several columns added, and a planter was excavated to create a courtyard. North Elevation: Some window configuration and types of windows were changed, some glass block added, and louvers installed on a balcony where previously only an aluminum rail existed. South Elevation: Some window configuration and type of windows were changed and the east corner changed by the addition of the second and third stories on the east elevation. East Elevation (ocean side): A second floor deck on the south corner was added and called the "Ocean.Robm "," and a third story added to create the "Telescope Room ". Chairman Orthwein reported that the ARPB had recommended that the changes to the west elevation and the north elevation be approved as requested. She further reported that the Board recommended that the third story (Telescope Room) be denied but that the second story (Ocean Room) be approved provided a roof be constructed above it to match the roof on the north end of the east elevation. The Board further recommended that a railing to match the one on the north end be installed on the outside of the sliding glass doors of the "Ocean Room% The ARPB also recommended that the requested changes to the south elevation be approved with the exception of the third story (Telescope Room). Mr. William Lamson, owner of the property, advised that he would be representing himself. He stated that he was told by his first architect that upon contacting the Town Hall, he had been advised that the changes that have been constructed were acceptable and he therefore did not realize that he was doing anything wrong by including them in the construc tion. He believed the changes are an improvement over the original design and pointed to the fact that they had been in place for nearly one year and no one had complained. Mr. Lamson called attention to the fact that in looking out the front door of the dwelling, he could see the on -site sewage treatment facility and a 3 story apartment building with balconies hanging from all angles as well as an older wooden dwelling with an air conditioning unit in the front. He did not believe his changes are as unsightly as what he had just mentioned. Mr. Lamson went on to add that he experienced problems from the beginning when his first architect designed a spread footer foundation and the Town had not advised him that piling is required. He stated that consider- able work had been done with the compacting, etc. for the spread footer when he was advised that the foundation must be designed with piling. Town Commission - Special Meeting April 15, 1992 page 3 Mr. Henry Wright, town resident, resented that fact that construction had been completed prior to any approvals and he opposed the approval of any changes in the design. Mr. Charles Velie, town resident, reminded of the extensive work that had taken place to upgrade the zoning regulations in order that the Town would continue to maintain the character that had been established Cin the past. He believed that asking permission after the fact is wrong and that a precedent would be set if approval is given in this manner. He further believed that the telescope room constitutes a third story and to approve that would also set a precedent. Winstora Windle questioned if each change could be considered separately to which Mr. Harrington replied that they could,and really should be. Barbara Stenson agreed with Mr. Velie's position and added that professional architects know that they have to receive site plan approvals. Commissioner Wallace called attention to the fact that the Town has adopted Ordinance 91/23 which established a floor area ratio maximum of 0.33 of the lot area in an effort to control the mass of buildings. She added that she realizes that the original design was approved prior to the adoption of the ordinance and that Mr. Lamson's structure was one of the ones that called attention to the need for such control. Commis- sioner Wallace went on to advise that Mr. Lamson's original design has a FAR of 0.55,. well over the current maximum permitted. By the addition of the second and third floors, the FAR becomes 0.57:- Commissioner Wallace observed that Mr. Lamson owns the vacant lot to the north of his structure and asked him if he would consider placing that in a unity of title in order to bring the FAR more into current conformity. Mr. Lamson advised that he was not in a position financially to do that as the lot is worth over one million dollars and he expects to sell it. Town Clerk Taylor was recognized and stated that she wanted it to be a matter of record that the Gulf Stream Building Department was in no way responsible for Mr. Lamson's problem with the foundation of the structure. She went on to explain that she was not employed by the Town at the time the orignal review and approvals were given but the Gulf Stream Building Department is not responsible for structural design, only zoning compliance. She stated that the architects and engineers are responsible for designing foundations and the Palm Beach County Building Department is responsible for reviewing the drawings for compliance. Mrs. Taylor added that apparent- ly the Palm Beach County Building Department had rejected the spread footer design upon reviewing the plans and that if work was underway to construct this type of foundation, it must have been started by Mr. Lamson prior to receiving a building permit. Vice Mayor Armour directed that this be made a part of the record. There being no further comment from the public, Vice Mayor Armour asked for a motion regarding the changes to the west elevation, adding that each elevation will be considered separately. Commissioner Cross stated he feels the front design is excessive and not in conformity with good taste and good design, as well as being out of character with the image of the Town of Gulf Stream. Town Commission - Special Meeting April 15, 1992 page 4 Commissioner Cross moved that the proposed revision to the front window treatment and the columns on the north side of the west elevation be denied. The motion was seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, and Vice Mayor Armour; AYE. Commissioner Cross then moved to approve the revision to the planter area on the front (west elevation) as was requested and recommended by C7 the ARPB. The motion was seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, and Vice Mayor Armour; AYE. Vice Mayor Armour asked for comments regarding the north elevation. Commissioner Cross moved to approve the revisions to the north elevation as shown on the drawings and as recommended by the ARPB, seconded by Commissioner Wallace. Roll Call: Comm. Wallace; NAY, Comm. Cross; AYE, and Vice Mayor Armour; AYE. Vice Mayor Armour advised that consideration would be given to the revisions to the east elevation at this time. Commissioner Cross moved to approve the recommendations of the ARPB which were to remove the third story and permit the second story to remain,provided a roof was constructed over it to match the one on the north side,and to move the railing that is inside the glass doors on the second story to the outside to match the one on the north side, all of which involve the southeast east corner of the east elevation. The motion died for the lack of a second. Commissioner Wallace cited the provisions of Ordinance 91/23 which established a maximum FAR at 0.33 of the lot area, reminding that the dwelling as originally approved had a floor area ratio of 0.55, Adding the two floors would increase the FAR to 0.57,, which she was opposed to. In addition, Commissioner Wallace called attention to paragraph B.2.b.1. of Ordinance 91/12 and stated she did not believe this revision to be in conformity with good taste, good design and in general, does not contribute to the image of Gulf Stream as a place of beauty, spaciousness, balance, taste, fitness, charm and high quality. Commissioner Wallace then moved that no changes be approved to the east elevation from what was approved under the plans that were submitted on File #90 -42. The motion was seconded by Commissioner Cross. Roll Call: Comm. Wallace; AYE, Comm. Cross; NAY, and Vice Mayor Armour; NAY. Commissioner Wallace then moved to deny the addition of the third floor (telescope room) on the southeast corner of the east elevation, observing that the maximum number of floors permitted is 2'h, and to continue consideration of the addition of the second floor (ocean room),on the southeast corner of the east elevation, on Tuesday, April 21, 1992 or as soon thereafter when 4 commissioners will be present. Commissioner Cross seconded the motion. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, and Vice Mayor Armour; NAY. Vice Mayor Armour stated that he voted NAY due to the fact he felt that the second and third stories should be considered at the same time. Town Commission - Special Meeting April 15, 1992 page 5 In the matter of changes to the south elevation, Commissioner Wallace moved to continue any consideration of the revisions to the south elevation until the revisions to the east elevation have been decided, in that the addition of the second and third floors have an impact on the south elevation. The motion was seconded by Commissioner Cross. Roll Call; Comm. Wallace; AYE, Comm. Cross; AYE, and Vice Mayor Armour; AYE. V. Adjournment Vice Mayor Armour adjourned the meeting at 9:40 A.M. after a motion to do so had been made by Commissioner Cross,which was seconded by Commissioner Wallace with all voting AYE. ' (2 Rita L. Taylor Town Clerk