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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