HomeMy Public PortalAbout03/10/1995March 3, 1995
MAYOR: William F. Koch, Jr.
VICE MAYOR: Alan I. Armour
COMMISSIONER: James E. Cross
A. Curtis True
Kathleen S. Wallace
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION/
BOARD OF ADJUSTMENT OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 10, 1995
AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA
ROAD, GULF STREAM, FLORIDA.
AGENDA
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes of the Regular Meeting on February 10, 1995.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meeting to be held on Friday, April 7, 1995 at 8:30 A.M.
B. Regular Meeting to be held on Friday, May 12, 1995 at 9 :00 A.M.
VII. PUBLIC HEARING-Board--of-Adjustment.
A. Michael Steffens, as Agent for Mr. & Mrs. Robert Dockerty, owners
of the property at 3000 N. Ocean Blvd.
1. SPECIAL EXCEPTION -To permit construction of a breezeway
addition that would match an existing non - conforming south
side yard setback at the address stated herein that is
described as a portion of Lots 40 and 41, Gulf Stream
Properties subdivision.
2. LEVEL III ARCHITECTURAL /SITE PLAN REVIEW -To permit construct-
ion of an open -air breezeway to connect the existing
residence to the recently approved cabana /garage.
B. Terence Cudmore, as agent for.Robert & Alva Craft, contract
purchasers of a parcel of land with 100' frontage on State
Road AlA that is presently owned by William & Gail Bradbury,
and located at 1357 N. Ocean Blvd., legally described as the
north 101' of parts of Lots 4 & 5, Block D, Revised Plat of
Blocks D & E of Palm Beach Shores Acres subdivision.
1. LEVEL III ARCHITECTURAL /SITE PLAN REVIEW -TO permit construct-
ion of a two story single family dwelling on the parcel
of property described above.
2. AlA VEGETATIVE DISTURBANCE PERMIT -To construct a driveway
entrance onto the property from State Road AlA.
3. LAND CLEARING PERMIT -To relocate and /or remove and /or
replace landscape material in order to accomodate the
construction of a dwelling, septic field and driveway on
the parcel of property described above.
VIII. Reports.
A. Town Manager
1. Bi- monthly water report
2. Update on Intracoastal Water Line Crossing
B. Town Attorney
C. Architectural Review and Planning Board
1. Regular Meeting to be held on March 22, 1995 at 9 A.M.
D. Finance Director
1. Financial Report for February, 1995-
1. Police Report for February, 1995
F. Construction in Progress in February, 1995.
March 3, 1995
AGENDA CONTINUED
IX. Items for Commission Action.
l� A. Amendment to the Fire and Emergency Medical Services
Agreement with the City of Delray Beach
B. Personnel Policies for Commission Appointees
X. Correspondence.
A. Request for a resolution opposing the Presidents Bill
to reduce federal funding for most water resources projects
starting in Fiscal Year 1997 - Florida Shore & Beach Preservation
Association.
X. Public.
XI. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE COMMIS-
SION /BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS ME-
ETING, 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.
0
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMIS-
SION /BOARD OF ADJUSTMENT OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 10,
1995, AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA
ROAD, GULF STREAM, FLORIDA.
I. Call to Order.
II.
1
III.
Mayor Koch called the meeting to order at 9:04 A.M.
Pledge of Allegiance. Commissioner Armour led the Pledge of
Allegiance.
Roll Call.
Present and
participating:
Also present &
participating:
William F. Koch, Jr
Alan I. Armour
James E. Cross
A. Curtis True
Kathleen S. Wallace
E. Scott Harrington
John Randolph
Rita Taylor
William Gwynn
Robert Schultz
Joan Orthwein
Michael Steffens
Terence Cudmore
Randall Stofft
David Hannan
William Bradbury
James Ballerano
Henry Skokowski
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Attorney
Town Clerk
Finance Director
Chief of Police
Chairman of ARPB
Agent for Mr. Dockerty
Agent for Mr. Craft
Architect for Mr. Craft
Attorney for Mr. Craft
Property Owner
Attorney for Mr. Bradbury
Urban Design Studio
IV. Minutes of the Regular Meeting of February 10, 1995. Commissioner
Armour moved and Commissioner True seconded that the minutes be
approved as circulated. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE,
Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
V.
were no
deferrals
reques
t of aaenda items
VI. Announcements.
A. Regular Meeting to be held on Friday, April 7, 1995 at 8:30 A.M.
B. Regular Meeting to be held on Friday, May 12, 1995 at 9 A.M.
These announcements were made by Mayor Koch.
VII. PUBLIC HEARING -Board of Adjustment.
A. Michael Steffens, as Agent for Mr. & Mrs. Robert Dockerty, owners
of the property at 3000 N. Ocean Blvd.
1. SPECIAL EXCEPTION -To permit construction of a breezeway
addition that would match an existing non - conforming south
side yard setback at the address stated herein that is
described as a portion of Lots 40 and 41, Gulf Stream
Properties subdivision.
Mr. Steffens displayed several drawings showing the proposed breezeway
connecting the previously approved garage /cabana and existing house. He
pointed out that the privacy wall that had been previously approved for the
south property line would screen the entire length of the breezeway and
only approximately 2 feet of the breezeway would be visible over the top
of the wall. He further advised that the roof of the breezeway would match
that of the other structures on the property.
Regular Meeting & Public Hearing -
Town Commission /Board of Adjustment
March 10, 1995 page 2
Mr. Harrington explained that this is the first Special Exception Application
to be considered under the provisions of the Design Manual. He advised
that these provisions were specifically developed to address situations
where original construction had met the setback codes at the time of the
construction but had become non - conforming due to later revisions in the
setback codes. He advised that the side setback of the breezeway is 13.5
feet, matching the existing setback of the dwelling. The current minimum
setback that is required is 15 foot, a difference of 1.5 feet. Upon being
asked if there had been any comment from the neighbors, the Town Clerk
advised that Mrs. Fogarty, the neighbor on the south, had been in to look
at the drawings but had only commented about the privacy wall, which had
been approved previously and was not a consideration in this application.
Joan Orthwein, Chairman of the Architectural Review and Planning Board,
reported that the ARPB had recommended granting the Special Exception as
requested.
Commissioner Wallace moved that the Special Exception be granted as recom-
mended by the ARPB in that the addition meets all of the general and
specific Special Exception review standards as set out in Article VI.
Division 2. Design Manual Article IV, Section I.3. The motion was seconded
by Commissioner True. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE,
Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
2. LEVEL III ARCHITECTURAL /SITE PLAN REVIEW -To permit construct-
ion of an open -air breezeway to connect the existing
residence to the recently approved cabana /garage.
Chairman Orthwein reported that the ARPB had recommended approval of the
site plan as submitted.
Commissioner True moved that site plan approval be granted as recommended
by the ARPB in that the proposed structure and site design meet all of
the 12 Architectural /Site Plan Review standards as set out in Article V.1.,
Section 66 -144 of the Code of Ordinances. Roll Call: Comm. Wallace; AYE,
Comm. Armour; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE.
At this point Town Manager Harrington advised that not all of those persons
involved with the Craft Application had arrived, due to them having been
advised by the staff that their application would most likely not be heard
before 9:30 A.M. He asked to move on to the next item on the agenda and
then hear the Craft Application after the Reports. Mayor Koch so directed.
VIII. Reports.
A. Town Manager
1. Bi- monthly water report
Mr. Harrington advised this is the best report since reporting began several
years previously. He further advised that the first water billing under
the new rate schedule had revealed that 60 properties were using more than
the established reasonable amount of water. Mr. Harrington added that
they had all been contacted and that 20 of them had corrected the usage by
the time the second billing was sent but that 20 new over -users were
discovered.
Regular Meeting & Public Hearing -
Town Commission /Board of Adjustment
March 10, 1995 page 3
2. Update on Intracoastal Water Line Crossing
Mr. Harrington advised that Intercounty Engineering, Inc. expects to begin
construction of the Intracoastal Waterline Crossing on March 20, 1993 with
the directional bore. They expect to cut into the line on April 3, 1995
but only 3 houses will be involved with a mandatory "boil water" order,
Cl he said. Mr. Harrington closed by advising that arrangements have been
made with the City of Boynton Beach to use the emergency water connection
with their system to maintain pressure during this time and the total
project is expected to be completed by the end of April, 1995.
B. Town Attorney
There was no report from the Town Attorney
C. Architectural Review and Planning Board
1. Regular Meeting to be held on March 22, 1995 at 9 A.M.
This announcement was made by Chairman Orthwein.
D. Finance Director
1. Financial Report for February, 1995
William Gwynn, Finance Director, called attention to the figure of $65,927.23
that represents property taxes received in February. He advised that 89%
of the budgeted amount has been received. He also noted that the invested
funds, $500,000 of the amount is invested in Treasurery Bills. In closing,
Mr. Gwynn noted that the Monthly Budget Projection shows that there has
been $19,083-more collected in revenues than was projected for this period
and $2,296 less expended than was projected for this period, and that
the last of the funds in the I.D.S. account had been distributed. Commis-
sioner True moved and Commissioner Wallace seconded that the financial
report be approved as presented. Roll Call: Comm. Wallace; AYE, Comm.
Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
E. Police Report for February, 1995
Chief Robert Schultz presented his monthly statistics and added as informa-
tion that Officer Cannella had terminated, the Girl Scouts toured the
Police Station on February 22, 1995, a bicycle safety talk was presented at
the Gulf Stream School by Chief Schultz on February 22, 1995 and Officer
Sindone received 16 hours of mandatory training on Human Diversity. The
Chief then presented his annual report for 1994 which revealed there had
been a 60% reduction in burglaries as compared to 1993 and a 228 reduction
in crime overall for the same period. He further reported that there has
been a 50% increase in traffic crash reports for the year and added that
he will be analyzing the locations of the crashes and will increase
traffic enforcement at those locations. He did note that most of the
crashes were minor and on private property.
Commissioner Armour, on behalf of the residents in Place AiSoleil, expressed
appreciation for the placement of a police car at the entrance of the
development. Commissioner Armour suggested that a notice be placed in the
next issue of Currents that the Gulf Stream Decals are available for
residents vehicles and urge that everyone acquire one.
F. Construction in Progress in February, 1995.
The report stated there was $7,355,348 worth of construction in progress
in the month of February.
At this point, Mayor Koch determined that all parties were present for
the hearing of the Craft Development Application and directed that the
Board of Adjustment hear that item at this time.
Regular Meeting & Public Hearing
Town Commission /Board of Adjustment
March 10, 1995 page 4
VII. B. Terence Cudmore, as agent for Robert & Alva Craft, contract
purchasers of a parcel of land with 100' frontage on State
Road AlA that is presently owned by William & Gail Bradbury,
and located at 1357 N. Ocean Blvd., legally described as the
north 101' of parts of Lots 4 & 5, Block D, Revised Plat of
Blocks D & E of Palm Beach Shores Acres subdivision.
C ' 1. LEVEL III ARCHITECTURAL /SITE PLAN REVIEW -To permit construct-
ion of a two story single family dwelling on the parcel of
property described above.
Attorney James Ballerano, representing Mr. Bradbury, reviewed the history
of Mr. Bradbury's application for subdivision of a 200' parcel of property
located at the above address, and for a demolition permit for the structures
located thereon. These actions are covered in the minutes of previous me-
etings of the Architectural Review and Planning Board and the Town Commission
which are made a part of these minutes by reference.
In turning to the matter under consideration at this meeting, Attorney
Ballerano stated he felt that the proposed structure met the provisions
of the Code in that it is in harmony with surrounding properties. He
then displayed a picutre of one of the adjacent residences. He advised
that the east elevation of the proposed structure was revised from what
was originally submitted, reducing the glass to cover 46% of the wall. He
pointed out that the proposed structure does not include any prohibited
features and that the windows on the east elevation are not visible from
the street. Mr. Ballerano pointed out that the windows in the 2nd floor
master suite had not been reduced from 3 to 2 as had been the condition
attached to the recommendation of the ARPB at their meeting on March 1, 1995.
He stated that Mr. & Mrs. Craft felt they had made enough compromises
and that if the Commission insisted on reducing the windows, they would
be withdrawing their application for development.
Randall Stofft, Architect for Mr. Craft, displayed color renderings of
the front and the rear of the proposed structure. He then pointed out
the changes that had been made since the design was originally submitted.
These are: 1) Muntins were added in the rounded top of the windows on
the west elevation. 2) 24" sills were added below the windows on the
east elevation to create more wall space and to reduce glass size. 3) The
number of windows in the 2nd floor guest suite was reduced to 2 french
doors on the east elevation. 4) "Eye- brow" arches have been placed over
the windows of the logia and a portion of the master suite on the east
elevation. Mr. Stofft stated that the renderings give a flat appearance
but the east elevation is not flat as is shown on the foot print drawing
which he then displayed. It was his opinion that reducing the number of
windows in the master suite to match the number on the south end of the
east elevation in the guest suite would not accomplish anything in that
the north end is extended farther to the east. He believed the
window arrangement in the master suite should match the arrangement of
the windows directly below on the north end of the east elevation.
Mr. Stofft then distributed photos of the present home occupied by the Craft's
and advised that they had wanted this home to have an equal amount of
window space. He believed it is to be expected that those with ocean front
views would use more glass regardless of the style of architecture. He
closed by stating that he had approached the client about installing muntins
in the glass on the east elevation and they are totally opposed to any
muntins on the east elevation.
Regular Meeting & Public Hearing -
Town Commission /Board of Adjustment
March 10, 1995 page 5
Mayor Koch asked for comments from Town Manager Harrington at this point.
Mr. Harrington stated that 46% of an entire elevation is a lot of glass and
in this design, the shape of the glass makes it appear even larger. He
believed the changes in the design that have been made are a step in the
right direction but that he stands by his comments in his staff recommenda-
tions and the minutes of the ARPB Hearings. He asked Henry Skokowski of
Urban Design Studio, who was involved with writing and publishing the
Design Manual, for his comments.
Mr. Skokowski first commented that the west elevation and the east elevation
are greatly different, agreeing with Mr. Harrington regarding the glass,
and adding that while there are round - headed windows on the west elevation,
there are none on the east. He cited Article V, Area Wide Standards,
which lists Spanish- Mediterranean as "Preferred" and Contemporary as
"Discouraged ", noting that the east elevation is felt to be contemporary.
He went on to state that in the same article, windows that reflect the
architectural style are preferred, as is the use of muntins to divide glass
into unified sections, as opposed to large expansive panes of glass, and
windows as a dominant element are "Discouraged ".
Mr. Skokowski pointed out that in Article VI., page 2., Mediterranean
Revival is one of the preferred styles in the Beachfront District while
Contemporary styles are discouraged. In closing he further pointed out
that in Article VII. Page 2, excessive large windows are discouraged and
on page 6, small multi -paned windows and round - headed windows are preferred.
He believed the rear elevation has mom contemporary elements than Spanish -
Mediterranean Revival, rendering the design out of compliance with the
Manual.
Mr. Harrington, addressing a comment made earlier by Attorney Ballerano
that there are no prohibited features on the design, called attention to
the definition in the Manual of "Discouraged ". He pointed out that when
discouraged elements are used, there is a burden of proof placed on the
applicant to demonstrate that the discouraged elements as incorporated
into the design are not inconsistent with desired Zoning District character
and quality goals that are listed. He closed by pointing out that it is
stated in the Manual that incorporating discouraged items into a design
decreases the probability of project approval and may result in project
denial.
William Bradbury, property owner, observed that his house that is currently
in lace on the property would not meet the
P P P Y provisions of the Design Manual.
He urged balance in the interpretation of the Code and consideration of
property rights. He closed by voicing concern with regard to closing on
the sale of his property to the Craft's.
David Hannan, Attorney for Mr. & Mrs. Craft, explained the Craft's have
a strong desire for extensive glass where there is a view, that being the
ocean. He stated that they are not building this house for speculation and
that Mr. Craft works at home in the fine arts field and will be using the
study in the south east corner of the house and the master suite for this
work, and they are unwilling to eliminate any glass in these areas. He
remarked in closing that everything that has been said has been only opinion.
Regular Meeting & Public Hearing -
Town Commission /Board of Adjustment
March 10, 1995 page 6
Mayor Koch asked for comments from the Commission.
Commissioner Wallace asked that copies of the east elevations of two
recently constructed dwellings in the Beachfront District be distributed.
She pointed out that both of these have a large amount of glass but that
C they have muntins which bring them into conformity with the Manual. She
called attention to Standard 10, Article V.5 -1 and noted that this proposed
structure shows a lack of singular consistent architectural style on all
elevations. She stated that the west side is not related to any of the
other 3 sides, there continues to be a high percentage of glass and large
pane glass with no round heads except on the west side. Commissioner
Wallace pointed out that column heights of 4 to 5 times column width are
preferred and that flat or parabolic arches are prohibited, which may
include the typeof arches shown on the east elevation. She believed thew
are more areas in need of revision, other than the bedroom window, in
order to conform with the provisions of the Design Manual. Commissioner
Wallace reminded that much time and effort had gone into the preparation
of the Manual and that it has been well received by the residents of Gulf
Stream.
Commissioner True stated that members of the Board of Adjustment are
charged with the responsibility of determining if a design is in conformity
with the provisions of the Code that has been adopted. He displayed
a drawing of the front elevation and the rear elevation and pointed out
that they are vastly different and do not conform to the Code provisions.
He pointed to the both large and square panes of glass. Commissioner True
suggested that the persons involved with this application meet with staff
to work out the problems of the design. The applicant declined.
Commissioner Armour believed the matter of removing one window in the
master suite is a small matter. He felt if the other changes that have
been made since the original submission stand, the design is acceptable.
Commissioner Cross agreed with Commissioner Armour.
Mayor Koch asked Mr. Stofft if the client would agree to remove one window
from the master suite to which Mr. Stofft replied they would not do so,
nor would they agree to add muntins on the east elevation.
Commissioner Armour moved to approve the structure as presented on drawings
submitted on March 1, 1995. Commissioner Cross seconded the motion.
Roll Call: Commissioner Wallace; NAY, adding that Article V of the Design
Manual, Section A. Item 1 discourages contemporary architectural styles
and Item 4 discourages windows as a dominate element of an elevation.
Commissioner Cross; AYE, Commissioner Armour; AYE, Commissioner True; NAY,
and Mayor Koch; AYE, adding that there is a larger percentage of wall
than glass even though it is only 4 %.
C
`.
Regular Meeting & Public Hearing -
Town Commission /Board of Adjustment
March 10, 1995 page 7
2. AlA VEGETATIVE DISTURBANCE PERMIT -To construct a driveway
entrance onto the property from State Road AlA.
Mr. Stofft, with the concurrence of Mr.Cudmore, requested to withdraw this
request without prejudice due his not having time to prepare the amended
design as promised to the ARPB. He stated he would begin work at once on
this. Commissioner Wallace moved and Commissioner Cross seconded that
consideration of the AlA Vegetative Disturbance Permit be continued to
April 7, 1995 at 8:30 A.M. Roll Call: Comm. Wallace; AYE, Comm. Cross;
AYE, Comm. Armour; AYE, and Mayor Koch; AYE.
3. LAND CLEARING PERMIT -To relocate and /or remove and /or replacE
landscape material in order to accomodate the construction
of a dwelling, septic field and driveway on the parcel of
property described above.
Commissioner Wallace moved and Commissioner True seconded that the Land
Clearing Permit be granted as requested. Roll Call: Comm. Wallace; AYE,
Comm. Cross; AYE, Comm. Armour; AYE; and Mayor Koch; AYE.
IX. Items for Commission Action.
A. Amendment to the Fire and Emergency Medical Services Agreement
with the City of Delray Beach.
Mr. Harrington explained that this is necessary since the City of Delray
Beach is now transporting patients from EMS calls to the hospital and
charging the patient rather than having Bethesda Ambulance transport them.
Mayor Koch questioned if the charge to Gulf Stream patients would be the
same as the charge to Delray Beach patients. Both Attorney Randolph and
Mr. Harrington believed it would be the same.
Commissioner Wallace moved and Commissioner Armour seconded that the
amendment to the Agreement be approved and that the Mayor and Clerk be
authorized to execute same. Roll Call: Comm. Wallace; AYE, Comm. Cross;
AYE, Comm. Armour; AYE, and Mayor Koch; AYE.
B. Personnel Policies for Commission Appointees.
Mr. Harrington reminded that when the new Personnel Policies were adopted
they did not include positions that were appointed directly by the Commission
He stated that there are three, the town manager, town clerk, and police
chief. He then called attention to a letter from the Town's labor attorney
Leonard Carson that was addressed to Attorney Randolph suggesting that the
following policies in the Personnel Policies Handbook be made applicable
to the town manager, town clerk, and police chief: 1) Holidays, 2) Sick
Leave, 3) Life, Health and Dental Insurance, 4) Retirement Plans, 5)
Business Travel. Attorney Randolph stated that he recommended that this
suggestion be adopted.
Commissioner Cross moved to adopt the
stated above and Commissioner Armour
Comm. Wallace; AYE, Comm. Cross; AYE,
recommendation of Attorney Randolph
seconded the motion. Roll Call:
Comm. Armour; AYE, and Mayor Koch; AYE.
Regular Meeting & Public Hearing -
Town Commission /Board of Adjustment
March 10, 1995 page 8
C X. Correspondence.
A. Request for a resolution opposing the President's Bill to
reduce federal funding for most water resources projects
starting in Fiscal Year 1997 - Florida Shore & Beach Preservation
Association.
This was made a part of the official record.
XI. Public.
There was no comment from the public.
XII. Adjournment.
Mayor Koch adjourned the meeting at 10:40 A.M.
I-
Rita L. Taylor, T wn Clerk