HomeMy Public PortalAbout10/12/2007NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL
NOTICE IS HEREBY GIVEN that the Architectural Review and
Planning Board of the Town of Gulf Stream will hold a Public
Hearing on Thursday, October 25, 2007 at 8:30 A.M., and the Town
Commission will hold a Public Hearing on Friday, November 9, 2007
at 9:00 A.M., both in the Commission Chambers of the Town Hall,
100 Sea Road, Gulf Stream, Florida, at which the following will be
considered:
An application submitted by Quinn Miklos, agent for Constance
Swift, owner of property located at 2562 Ave. Au Soleil, Gulf
Stream, Florida, legally described as Lot 42 Place Au Soleil,
for the following:
SPECIAL EXCEPTION to permit conforming one story additions to
an existing non - conforming structure that encroaches into the
east side setback 1 foot as provided in Section 70- 75(c)(1).
LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit one story
additions consisting of a total of 2,240 square feet to an
existing one story Gulf Stream Bermuda single family
dwelling.
The Architectural Review and Planning Board shall make a
recommendation to the Town Commission, and the Town Commission
shall make a final decision regarding the subject application at
the meetings noticed above. These meetings may be adjourned from
time to time and place to place as may be necessary to hear all
parties and evidence.
The complete application materials are on file in the Office
of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida
33483, and may be reviewed during regular business hours, which
generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M.
ALL PARTIES INTERESTED IN THESE MATTERS may appear before the
Architectural Review and Planning Board and the Town Commission of
the Town of Gulf Stream at the times and place aforesaid and be
heard.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY
THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION
WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS,
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.
Dated: October 11, 2007 TOWN OF GULF STREAM, FLORIDA
Publish: Palm Beach Post
Rita L. Taylor, wn Clerk
MAYOR:
VICE MAYOR:
COMMISSIONER:
William F. Koch, Jr.
Joan K. Orthwein
Muriel J. Anderson
Fred B. Devitt III
Chris D. Wheeler
October 5, 2007
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 12, 2007 AT 9:00 A.M.
IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes.
A. Regular Meeting 9 -14 -07
B. Public Hearing 9 -14 -07 (budget)
C. Public Hearing 9 -25 -07 (budget)
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. November 9, 2007 @ 9 A.M.
2. December 14, 2007 @ 9 A.M.
3. January 11, 2008 @ 9 A.M.
4. February 8, 2008 @ 9 A.M.
S. March 14, 2008 @ 9 A.M.
6. April 11, 2008 @ 9 A.M.
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. An application submitted by Mark Marsh, as Agent for Harry
& Deborah Sargeant III, the owners of property located at
1420 N. Ocean Blvd., Gulf Stream, Florida, which is
legally described as Lots 11, 11A, 12 & part of Lot 1A,
(J McLouth Subdivision.
a. VARIANCE from the provisions in Section 70 -99(3) to
allow a copper roof on the proposed 900 Sq. Ft.
pavilion that exceeds the maximum size of a minor
accessory structure, on which copper roofs are
allowed, by 600 sq. ft.
b. LEVEL 3 ARCHITECTURAL/ SITE PLAN REVIEW to permit the
construction of a 900 sq. ft. pavilion addition with a
copper roof to an existing Anglo- Caribbean style
single family dwelling.
2. An application submitted by Randall J. Dubois,
as Agent for Thomas A. & Carol A. Calicchio, the owners of
property located at 540 Palm Way, Gulf Stream, Florida,
which is legally described as Lot 3 and the East 59 ft. of
Lot 2, Gulf Stream Cove Subdivision.
a. SPECIAL EXCEPTION to permit conforming additions to an
existing structure with non- conforming setbacks.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit 608
sq. ft. of additions on the first floor and 1,954 sq.
ft. on the second floor of an existing one -story Gulf
Stream Bermuda style single family dwelling.
AGENDA CONTINUED
B. Application for an Appeal of Administrative Decision
1. An application submitted by Joseph & Carolann Spadafora,
owners of the property located at 2710 Cardinal Circle,
Gulf Stream, Florida, legally described as Lot 11 in Place
Au Soleil Subdivision.
a. APPEALING THE ADMINISTRATIVE DECISION OF TOWN MANAGER
regarding the Building Permit Fee charged for the
construction of a pergola at the above address.
VIII. Reports.
A. Town Manager
1. Update on proposed relocation of 5 FPL poles
2. ARPB progress on Code Review
B. Architectural Review & Planning Board
1. Meeting Dates
a. Regular Meeting & Public Hearing
1. October 25, 2007 @ 8:30 A.M.
2. November 15, 2007 @ 8:30 A.M.
3. December 27, 2007 @ 8:30 A.M.
4. January 24, 2008 @ 8:30 A.M.
5. February 28, 2008 @ 8:30 A.M.
6. March 27, 2008 @ B:30 A.M.
C. Finance Director
1. Financial Report for September 2007
2. Water Usage as of September 30, 2007
D. Police Chief
1. Activity for September 2007
IX. Items for Commission Action.
A. Items by Mayor and Commissioners
X. Correspondence.
A. Palm Beach County Legislative Delegation Schedule
XI. Public.
XII. 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
O 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. F.S.S. 286.0105
O
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 12, 2007 AT
9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD,
GULF STREAM, FLORIDA.
I. Call to Order. Mayor Koch called the meeting to order at 9:00
A.M.
II. Pledge of Allegiance. The Pledge of Allegiance was led by the
Mayor.
III. Roll Call.
Present and William F. Koch, Jr
Participating: Joan K. Orthwein
Fred B. Devitt III
Muriel J. Anderson
Chris D. Wheeler
Also Present and
Participating
IV. Minutes.
William Thrasher
Garrett Ward
Rita Taylor
John Randolph
Mark Marsh
Randall Dubois
Thomas Calicchio
Mr. & Mrs. Spadafora
A. Regular Meeting 9 -14 -07
B. Public Hearing 9 -14 -07 (budget)
C. Public Hearing 9 -25 -07 (budget)
Commissioner Devitt moved and Commissioner
the minutes be approved as circulated and all
V. Additions, withdrawals, deferrals, a:
Town Manager Thrasher requested to add Item
Bureau. There were no objections.
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Police Chief
Town Clerk
Town Attorney
Agent for Sargeant
Agent for Calicchio
Resident
Residents
Anderson seconded that all
voted AYE.
of
IX.B, Request
VI. Announcements.
A. Regular Meetings and Public Hearings
1. November 9, 2007 @ 9 A.M.
2. December 14, 2007 @ 9 A.M.
3. January 11, 2008 @ 9 A.M.
4. February 8, 2008 @ 9 A.M.
5. March 14, 2008 @ 9 A.M.
6. April 11, 2008 @ 9 A.M.
Mayor Koch announced these dates.
ads items.
r Speaker's
Town Clerk Taylor asked if there were any exparte communications to
declare. Commissioner Orthwein disclosed that she had spoken with Mr.
Calicchio and Mayor Koch disclosed that he had spoken with Mr.
Spadafora.
Regular Meeting & Public Hearing
Town Commission
October 12, 2007
Page 2
Town Clerk Taylor asked that all persons who intended to speak please
stand to take the Oath. The Town Clerk administered the Oath to Mr.
Marsh, Mr. Dubois, Mr. Calicchio and Mr. and Mrs. Spadafora.
VII. PUBLIC HEARING.
A. Applications for Development Approval
O 1. An application submitted by Mark Marsh, as Agent for Harry
& Deborah Sargeant III, the owners of property located at
1420 N. Ocean Blvd., Gulf Stream, Florida, which is
legally described as Lots 11, 11A, 12 & part of Lot 1A,
McLouth Subdivision.
Mr. Marsh displayed a site plan and rendering. He explained that this
is a small pavilion addition on the east side of the house, which would
connect to the main house. He stated that he is having difficulty
obtaining matching roof tiles and has found they are no longer
manufactured. He proposed a copper roof, which would eventually blend,
and patina to match the existing roof tile. However, because the
addition is over 300 sq. ft., and copper roofs are only permitted on
accessory structures, which are structures up to 300 sq. ft., a variance
is required to allow this. Mr. Marsh advised that Urban Design Studio
found the copper roof to be favorable and that the ARPB unanimously
approved the Variance. He added that all other material would match the
existing and asked if the Board would like him to read and address all
eight criteria.
Commissioner Anderson asked that if a variance is not granted, what
other roof material could be used.
Mr. Marsh stated that a slate material could be used but he believes it
would be too heavy of a material for such a small area.
Commissioner Wheeler asked what the hardship is for the Variance.
Mr. Marsh explained that the original tile used for the roof on the
residence has been discontinued and is no longer available. He cannot
find a manufacturer to reproduce the tile.
Commissioner Devitt asked if Urban Design and ARPB would be reviewing
minor accessory structure size.
LiMr. Thrasher advised that this was mentioned at the previous ARPB
meeting but they prefer to see each application on an individual basis.
Town Clerk Taylor added that Urban Design would be reviewing roof
materials and possibly defining minor accessory structures in multi-
family districts.
Mayor Koch complimented the addition.
Regular Meeting & Public Hearing October 12, 2007
Town Commission Page 3
a. VARIANCE from the provisions in Section 70 -99(3) to
allow a copper roof on the proposed 900 Sq. Ft.
pavilion that exceeds the maximum size of a minor
accessory structure, on which copper roofs are
allowed, by 600 sq. ft.
Commissioner Anderson moved and Commissioner Orthwein seconded to
approve the Variance based on a finding that all eight criteria for a
G Variance have been met. Roll Call: Comm. Orthwein; AYE, Comm. Devitt;
AYE, Comm. Anderson; AYE, Comm. Wheeler; NAY and Mayor Koch; AYE.
b. LEVEL 3 ARCHITECTURAL/ SITE PLAN REVIEW to permit the
construction of a 900 sq. ft. pavilion addition with a
copper roof to an existing Anglo- Caribbean style
single family dwelling.
Commissioner Orthwein moved and Commissioner Devitt seconded to approve
the Level 3 Architectural /Site Plan Review to permit the construction of
a 900 sq. ft. pavilion addition with a copper roof to an existing Anglo-
Caribbean style single - family dwelling based on a finding that the
improvement meets the minimum intent of the Design Manual and applicable
review standards. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE,
Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE.
2. An application submitted by Randall J. Dubois,
as Agent for Thomas A. & Carol A. Calicchio, the owners of
property located at 540 Palm Way, Gulf Stream, Florida,
which is legally described as Lot 3 and the East 59 ft. of
Lot 2, Gulf Stream Cove Subdivision.
Mr. Dubois reminded that the Commission had concerns about the size of
the garage doors facing the street and the massing on the front of the
structure. He explained that the third garage entry could not be placed
on the east side because of the utilities in the area, and there would
not be enough room for navigation. He has revised the plan to show
three garage doors in the front, a reduction of the two original garage
doors to 10 ft. wide and step back the fagade 8 ". He explained that the
third garage would be totally screened from the street by reducing the
apron and extending the existing hedge. He added that the second floor
addition is reoriented to center over the two westerly garages.
Commissioner Wheeler complimented the revision and asked if the hedge
could be extended by an additional 2 ft from the wall.
Mr. Dubois had no objections.
C) a. SPECIAL EXCEPTION to permit conforming additions to an
existing structure with non - conforming setbacks.
Commissioner Wheeler moved and Commissioner Anderson seconded to approve
a Special Exception to permit conforming additions to an existing
structure with non - conforming setbacks. Roll Call: Comm. Orthwein; AYE,
Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor
Koch; AYE.
Regular Meeting & Public Hearing October 12, 2007
Town Commission Page 4
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit 608
sq. ft. of additions on the first floor and 1,954 sq.
ft. on the second floor of an existing one -story Gulf
Stream Bermuda style single family dwelling.
Commissioner Wheeler moved and Commissioner Orthwein seconded to approve
a Level III Architectural /Site Plan based on a finding that the proposed
608 sq. ft. additions on the first floor and 1,954 sq. ft. on the second
floor of an existing one -story Gulf Stream Bermuda style single - family
dwelling meets the minimum intent of the Design Manual and applicable
review standards with the condition that the hedge by the third garage
be extended by 2 ft from the garage wall. Roll Call: Comm. Orthwein;
AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and
Mayor Koch; AYE.
B. Application for an Appeal of Administrative Decision
1. An application submitted by Joseph & Carolann Spadafora,
owners of the property located at 2710 Cardinal Circle,
Gulf Stream, Florida, legally described as Lot 11 in Place
Au Soleil Subdivision.
Commissioner Anderson declared that there had been innuendos that she
was involved in this matter and she wanted to make it clear that neither
her nor her husband were involved with the subject matter.
Mr. Spadafora explained that he was not aware that a permit was required
to install a pergola. However, after several conversations between town
staff, town manager and the police department he was informed that he
needed a permit. He subsequently applied for a permit and was told that
the permit fee would be four times the original amount. This was due to
the fact that the pergola was installed prior to obtaining a permit.
Mr. Spadafora stated that he had conversations with Mayor Koch and was
told that he could appeal the decision of the town manager. He advised
that he is very involved in the community and although he does not have
a problem obtaining a permit, he does not believe that he should be
charged four times the amount nor should he be charged the $200
administrative fee to appear before the Commission.
Mayor Koch clarified that he told Mr. Spadafora to contact Mr. Thrasher
regarding waiving the penalty fee.
Commissioner Wheeler asked why the permit fee is four times the amount
of the original permit fee. He asked the town manager if the series of
events are correct.
Town Manager Thrasher explained that the code states that if a permit is
not obtained prior to work commencing, there shall be a permit fee of
four times the original permit fee. He added that Mr. Spadafora
completed construction of the pergola without obtaining a permit.
Commissioner Wheeler believed that there was a communication problem and
he feels Mr. Spadafora made an effort to obtain a permit.
N
N
Regular Meeting & Public Hearing
Town Commission
October 12, 2007
Page 5
Commissioner Anderson mentioned that there is a blurb in the Place Au
Soleil newsletter about obtaining permits before starting a job. She
added that she does not believe email is a good form of communication.
a. APPEALING THE ADMINISTRATIVE DECISION OF TOWN MANAGER
regarding the Building Permit Fee charged for the
construction of a pergola at the above address.
Commissioner Wheeler moved and Commissioner Orthwein seconded to waive
the penalty and administrative fee. Roll Call: Comm. Orthwein; AYE,
Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor
Koch; AYE.
VIII. Reports.
A. Town Manager
1. Update on proposed relocation of 5 FPL poles
The town manager reported that the town's arborist reviewed the trimming
of the Australian pine trees and agreed that FP &L could keep the poles
in their present location. FP &L has agreed to modify their scope of
trimming and will be starting after the FDOT roadwork is completed.
2. ARPB progress on Code Review
Mr. Thrasher reported that Urban Design has presented a draft report of
the code review on multi - family districts to the ARPB. He advised that
when the review is complete, the comments would be coming to the
Commission for discussion.
Commissioner Devitt asked if a Mediterranean style house with barrel
tile roof could be built in the core district. He requested that style
be added to the list for code review.
Commissioner Orthwein stated that Mediterranean style is discouraged in
the core district. She added that the Gulf Stream Bermuda style is more
common as it is easier to obtain approval for the Bermuda style.
Town Clerk Taylor advised that the introduction of additional
architectural styles is on the list to consider.
B. Architectural Review & Planning Board
1. Meeting Dates
a. Regular Meeting & Public Hearing
1. October 25, 2007 @ 8:30 A.M.
2. November 15, 2007 @ 8:30 A.M.
3. December 27, 2007 @ 8:30 A.M.
4. January 24, 2008 @ 8:30 A.M.
5. February 28, 2008 @ 8:30 A.M.
6. March 27, 2008 @ 8:30 A.M.
These dates were announced.
C. Finance Director
1. Financial Report for September 2007
The Town Manager asked that the financial report be
submitted, if there were no questions and there were none.
accepted as
Regular Meeting & Public Hearing October 12, 2007
Town Commission Page 6
Commissioner Orthwein moved and Commissioner Anderson seconded to
approve the financial report. Roll Call: Comm. Orthwein; AYE, Comm.
Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch;
AYE.
2. Water Usage as of September 30, 2007
This item was made a part of the official record.
D. Police Chief
�) 1. Activity for September 2007
Chief Ward asked that the report be accepted as submitted if there were
no questions and there were none.
IX. Items for Commission Action.
A. Items by Mayor and Commissioners
Commissioner Orthwein asked the status of the animal trapping.
The town manager reported that it is an ongoing process and a trapping
cycle is scheduled. He added that the doors on the traps are being
opened to release the animals.
Commissioner Devitt suggested installing cameras in the easement or
right -of -ways to determine how this is happening. The town manager was
directed to research this.
Commissioner Orthwein suggested imposing a fine on whoever is spotted on
camera releasing the animals.
B. Request for Speaker's Bureau
Town Manager advised that as a result of the meeting with Commissioner
McCarty on September 20th, which most of the Town Commissioners attended,
Commissioner McCarty is organizing a speaker's bureau. This is for the
purpose of educating the public with regard to the amendment that was
scheduled to appear on the January 29, 2008, ballot. At the moment, the
amendment has been removed from the ballot but it has been appealed and
if the appeal is successful, it could go back on the ballot.
Commissioner McCarty wants to have the speaker's bureau organized and
ready in the event this happens.
Town Clerk Taylor advised that the speaker does not have to be an
elected official or staff, it could be a member of the community.
The Commission agreed that Mayor Koch would represent the town until
C, more information is obtained on what is involved.
X. Correspondence.
A. Palm Beach County Legislative Delegation Schedule
Mrs. Taylor advised that the Palm Beach County Legislative Delegation
Schedule is for anyone who wishes to address the Legislative Delegation
at a public hearing for matters concerning the community.
XI. Public. There were no comments from the public.
Regular Meeting & Public Hearing October 12, 2007
Town Commission Page 7
XII. Adjournment. Mayor Koch adjourned the meeting at 10:05 A.M.
Y nne E. Eckert, CMC
D uty Town Clerk