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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