The URL can be used to link to this page

Home My Public Portal AboutAPP 13-8TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS JOAN K.ORTHWEIN, Mayor THOMAS M. STANLEY, Vice Mayor MURIEL J. ANDERSON W. GARRETT DERING ROBERT W. GANGER March 24, 2013 Martin O'Boyle 23 N. Hidden Harbour Drive Gulf Stream, Florida 33483 Dear Mr. O'Boyle: Telephone (561) 276 -5116 Fax (561) 737 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR This is to confirm that at the Public Hearings held by the Board of Adjustment and the Town Commission on March 15, 2013, your applications appealing the Planning and Building .Administrator's decision that four variances would be needed to modify the existing dwelling at 23 N. Hidden Harbour Drive as requested, followed by your Application for Development Approval to permit an addition for a cumulative increase of 109 square feet to an existing 8,001 square foot, non - conforming, Spanish Mediterranean Revival, two -story single family dwelling with said application requesting the approval of 4 variances, a demolition permit and a Level 3 Architectural /Site Plan Review at 2.3 N. Hidden Harbour Drive were considered. The variances are as follows: VARIANCE #1 to allow a net addition of 109 square feet to the front entry feature of the existing non - conforming two -story single family dwelling that currently exceeds the maximum permitted floor area ratio by 2,589 square feet. VARIANCE #2 to permit the first -story eave height of the proposed entry feature to exceed the maximum discouraged height of 12.5 feet by 2.5 feet to the architectural element. VARIANCE #3 to permit the second -story eave height of the proposed entry feature to exceed the maximum discouraged height of 23 feet by 2 feet. VARIANCE #4 to permit an additional 2 foot encroachment beyond the existing 9 foot 8 inch front setback encroachment. The Board of Adjustment sustained the Planning and Building Administrators Decision that all four of the variances would be necessary with regard to this project. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 March 24, 2013 Martin O'Boyle 23 N. Hidden Harbour Drive With regard to your Application for Development Approval, the Town Commission granted Variance ff1 and denied Variances #2, #3 and #4. The Town Commission also denied the Demolition Permit and the Level 3 Architectural /Site Plan Review. I have enclosed a copy of the Proof of Publication showing the advertising cost of your application to be $1,176.48 which the Town of Gulf Stream has paid to the Palm Beach Post. Please make your check payable to the Town of Gulf Stream in this amount and forward to 100 Sea Road, Gulf Stream, Florida 33483. Very truly yours, Rita L. Taylor Town Clerk Encl. CURRIE SOWARDS AGUILA ARCHITECTS —hR.d., Plan .. Z. xuu . . ...... PR UNE UNE AREA uc - - - - - — - - - - - - - - - - - - - - — - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - E RESIDENCE ENTRY FEATURE – – – – – – – – – – — - --- -------J D HIDDEN HARBOR DRIVE GULF STREAM, M, I-E 0 M T 'W, —=-R, In LU In _AT11 > SITE PLAN 0 K IL 0- -.E ....... .. El 4T Lu i.- IS- ZDI3ICLA e. 0 120902 uj > A1.01 Vz ui NV Y GROUND FLOOR PLAN �41 A I L FIRST FL-.11 P-. CURRIE SOWARDS AGUILA ARCHITECTS —hit—, Pl.nners OBOYLE RESIDENCE ENTRY FEATURE 23 HIDDEN HARBOR DRIVE GULF V111A,M, FLORIDA 0 U.) 0 > PROPOSED FLOOR PLANS F- LU 7-`15-2013 I CM- 2: — — 1,- 120902 0 -i Lu L>U A2.01 n N v s" S a v a 4 8 s x a C 3 s a s 8� Yp� .a Y_ g� Tmm •• RENDERING CURRIE SOWARDS AGUILA ARCHITECTS k.xx.�ss, Meneers B Imeriw Ow'nen OBOYLE RESIDENCE ENTRY FEATURE 23 HIDDEN HARBOR DRIVE GULF STREAM, FLORIDA m 0 'H N Lfl .ti ,y aRn W cn ¢ ....,x.. �.... >O ROOF PLAN AND IY RENDERING a a F- Lu I „CIS -2013 I CLA n� 120902 Lu Lu A2.02 IN 3 s 4 a E k S E 6 S i1 EXISTING SOUTH ELEVATION (FACNVG CANAL) i1 EXISTNG WEST ELEVATION . -.r- 2 EXISTING EAST ELEVATION EXISTING NORTH ELEVATION CURRIE SOWARDS AGUILA ARCHITECTS A IM dor Onlgmm O'BOYLE RESIDENCE RENOVATION ENTRY FEATURE m ,x- N� ,N.� w�io m.comax.'�P°'nox vrw is � ma .ov moi m�wvex vim. �120902A201— A701.dwg J wuwxw rmc j EXISTING K EXTERIOR a ELEVATIONS Q Z -1 ll.l /15 /2013IC1A ME 120902 Q ox�wixc xu�ern Lu J A3.01 IN i k Y P ff k 5 4 g s s k $3 ,9 _ - - _ _ _ _ L I T.Q. I ST FL B & � -'R; DFOp R � � 2'-B' -0 Q3 EAST ELEVATION Ir'r 4 SOUa ELEVATION �1\ FRONT ELEVATION T_O. IBT ROp 11 D -� (p SOUTH ELEVATION CURRIE SOWARDS AGUILA ARCHITECTS a.nR.m, w.nners R Inlerlo.Oxgnnrs OBOYLE RESIDENCE ENTRY FEATURE D HIDDEN HARBOR DRIVE GULF STREAM, RORIDA I m '-1 O N In H _ rs J 0 PROPOSED D� ELEVATIONS a Q W1 11 -2013 ) CU ei d 120902' 0� W w A3.02 0 M L0T °LOUTH SUBO! ISIOIV (PLAT BOOK 25, PAGE 67) -- - -- LOr a L O T 4 -- - - - - -- �SOUTH ROAD L O T \ I a 1&2sr RY pLAr BOOK 3Z7 IM A L 0 r 5 ~ LJ I o° I `` PR /VA I CANAL P(f IIA'OY PAQMAL xrm z S- L 0 T a L£CFHI' —tea Rx - moe Pc - ar.R¢n rP - coven fJNN IMflDfL >EE rovrR uc a for s a ASSUED TO SAR SYVT}OF. �dS Tarty. Aaa nnS.Sn n. AfCA xa'fMA.D WEST 6PAl£a lICl1O A]N 9R R. AYAM PAIfD Aa50 l.Nl 14 R. aa,. x5ury R esEU A/a�C PAl♦D aR�a zm m rT AYA /eRn wA1R R1C 1RR A.TLtTAtLaTaAU �,SmE,. LOTS, - (STATE$ A291HL' fo RE RAT IIfIF(F AS aELQ'afD N FUT A'CY( ]S PAL£ rt{ {CHIC SCO'AS d- PAW SAM LiIWIY RLAII MAP Of BOLMARY SURVEY M xA.a,..�T�.,.�.w,,.>R,Aw. .am u� 11 Imam w.7. OBRIEk SUTER i O'BRIEN, INC. LAEO SIAVrYprPASw /L MHYar.__r WTI APB nW � ¢pr OF Ess xw. 11 - n— ruim nw .wry CURRIE OBOYLE RESIDENCE Presentation SOWARDS 03/13/13 ` A chits 3]HIDDENI FIEWDRIVE GULF STREAM.FLORIDA architects CA ok Y4 R s) � Ir Ir .� t,ac•v r.� X33 212j" teals r �r- f 1-I t L] Goode earth Eye all 2943 it C },1% If 14. 4r JMK' �., .. e Caoote earth « bps ryJ y i 1 f. y 14,., G o gk e th Imagery pate. 3/2212011 -Ij 1995 26'28'4341"N 80`03'32.20 W elev 3 1t r ! 1e at c. jjjo ExiSTING RESIDENCE -1 EXISTING ENTRY EXISTING BLiILllING PROPOSED RENOV.ITIONS 1 North View „3r 12.I'.a. CURRIE OBOVLE RESIDENCE Presentation SOWARDS AGUILA SCALE: 12"-11-01* 03/07/13 _eHacr wFr_ar•.EO�..• ;rncw ncaw a r c h i t e e L s ENTRY FEATURE SEC. 70- 100(A)(4) 1 North View CURRIE OBOYLE RE8iDENCE Presantation SOWARDS AGUILA _r�_ccvweu »^w.ee_ �srficw rawo� SCALE: 12" = 1'-O" 03/07/13 architects BEFORE w� r 10 AF"I'ER COO- -f�' .•,t 11 EXAMPLE OF AN ENTRY FLATURL IN TowN 12 APPEAL FROM DETERMINATION OF PINNING AND BUILDING ADMINISTRATOR Determination: 4 variances required in order for Entry Feature to be eligible for approval Variance (1): To allow a net addition to the front entry feature of the exlsting non - corlforming two -story single family dwelling that currently exceeds the maxlmunl permitted floor area ratio hy 2,J89 SF. 13 APPEAL FROM DETERMINATION OF PLANNING AND BUILDING DMINISTRATOR Four variances required in order for Entry Feature to be eligible for approval: • Variance (2): To permit the first -story eave height ofthe proposed entry feature to exceed the maximum discouragedbeigbt of12.5feet h y2.Jfeet to [sicj the architectural element. 14 APPEAL FROM DETERMINATION OF PLANNING AND BUILDING ADMINISTRATOR Four variances required in order for Entry Feature to be eligible for approval: Variance (3): To permit the second -story eave height of the proposed entry feature to exceed the 0 maximum discouraged height of23 feet hy 2 feet. as' 15 APPEAL FROM DETERMINATION OF PLANNING AND BUILDING ADMINISTRATOR Four variances required in order for Entry Feature to be eligible for approval: Variance (4): To pemv't an additional foot encroachment he vond existing 9 foot 8 Inch front setback encroachment. 16 Provisions Governing Appeals • Sec. 66 -173. Standards. In order for the appeal to be granted, the applicant shall show that the final review authority: — (1) Acted in a manner inconsistent. With the provisions of this Code or other applicable local, state or federal law•, — (2) Made erroneous findings of fact based on evidence and testimony placed before the final review authority placed before the final review authority at a public hearing; or — (3) Failed to fully consider mitigating measures or revisions offered by the applicant that would have brought the proposed project in compliance with the applicable regulations. 17 Principles of Interpretation • This appeal is a matter of interpretation of Town Code governed by principles of statutory and code construction • Pole star principle is the purpose and intent of the Code Purpose of Gulf Stream Design Manual 0 "This chapter is intended to serve as a guide for preserving and perpetuating the unique residential character of the town. It addresses topics regarding the development of compatible single - family homes (new or additions) in the town." 19 PURPOSE OF GULF STREAM DESIGN MANUAL 3 The following is included in Sec. 70 -63. Purpose. (a)(1) This chapter is intended to serve as a guide for preserving and perpetuating the unique residential character of the town. It addresses topics regarding the development of compatible single - family homes (new or additions) in the town. It outlines Urban Design Studio's background research and findings, and identifies characteristics that are unique to the town. 20 PURPOSE OF GULF STREAM DESIGN MANUAL (2)The chapter is designed to meet the needs of a variety of users: property owners, architects, building contractors, and landscape contractors, as well as city officials, members of the Architectural Review and Planning Board (ARPB), the town commission and staff, and the general public. (3)The chapter is also intended to be utilized in conjunction with the Gulf Stream Land Development Regulations and the Comprehensive Plan. Together these documents provide a framework which can foster creative design approaches and solutions. PURPOSE OF GULF STREAM DESIGN MANUAL (b) As a design manual, the information and illustrations contained in this chapter address and respond to the opportunities for enhancing and preserving the visual environment of the town. The design standards are, by specific intent, illustrative rather than prescriptive. They do not dissect every architectural influence, nor do they attempt to prescribe specific, detailed ways to handle every type of alteration to existing structures. They do, however, provide the town with a methodology and common framework for reviewing submissions and attaching conditions, if any, to p ro i e ct approval. z VARIANCE (2) To permit the first -story eave height ofthe proposed entryfeature to exceed the maxlmurrl discouraged height of 12, 5 feet hy 2.5 feet to [sid the architectural element. 23 VARIANCF. (2) 24 TOWN CODE YROF'IS10N Sec. 70 -100. Roof and eave heights (c) Two story homes Eave heights: All other districts —Less than eight feet or greater than 12 feet six inches for one -story portions Architectural Feature is not an "Ease" • "eave" is not defined in Town Code • "eave" is commonly understood to be a part of a roof `EAVES.• The edge of the roof that overhangs the exterior walls, somellines Ulth exposed laftels. " • entry feature is not enclosed 26 ARCHITEC "TL?1ZAL FEATURE IS NOT AN "FAVE 11 • there is no floor at the level identified as an "eave" • "eave" is not defined in Town Code • "eave is commonly understood to be a part of a "roof • there is no roof at the level identified as "eave" 27 FIRST STORY AND SECOND STORY ]EAVES Not an eave on a MA tAwlal TLI woor one story portion IEi p[@pRATy[ ■wwoRm Awo nnr of house AwO .wsAQD OOL..wI. wew moeo ow - 1-1-'N FRONT ELEVATION second story eave first story eave _T.O. ISTFLOOR n 1 ' -2" V a GROUND FLOOR n 0i 0.r..yY - -8` V T VARIAVCE (3) To permit the second -story eave height of the proposed entryfeatzu-e to exceed the m ilnum dlscozu-aged -ed height of23 feet h v 2 feet. 29 ARCHITECTURAL FEATURE IS NOT A ONE STORY PORTION OF A TWO STORY HOME "Story shall mean that portion of a building included between the surface of any floor and the surface above it ...." 30 Entry Feature CURRIE OBOYLE RMIDEwoe nreesenmwr�ora SOWARDS 0.3112115 Ir AGUILA archhitelto cts 31 Entry Feature 32 Second Story Eave M WA. nn wo NM p[ODIIATY( -m-CK if AwOTIaMI wee Opnowil . mw ANO {wM0[O OOIJM'I� M!r tiM000 Ow 13 OAM fAW b� b a � ww 000w ws>r srw;ws %� FRONT ELEVATION cw ve =ra second story eave _ T.O. 1ST FLOOR AN iT-2" V -moo FLO -G 33 ENTRY FEATURE IS NOT i1 "TWO STORY PORTION" OF A TWO STORY HOME • The only "floor" in the entry feature is at the finished elevation • The entry feature is not habitable space: Habitable floor shall mean any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation or a combination thereof. • The entry feature is not a porch • The entry is not enclosed and is open to the elements 34 PROPOSED Ib1PRO \"I:b1EN "P IS AN ENTRY FEATURE Sec. 70 -100. Roof and eave heights. (a) Generally. (4) Entry features are the front portion of the structure which provide door entrance to the dwelling. The height of the entry feature is measured from the finished floor elevation to the upper portion of any balcony railings, Dutch gable or other elements. ?!� PROPOSED I \1PR0VliD -1r1VT 1S AN ENTRY FLATi'ItE Entry features, if used, should provide a sense of arrival, yet should not overpower them or the remainder of the structure. The scale and proportion of the entry feature should consistent with the rest of the structure, varying in height just enough to provide a focal point to the front of the house. HEIGHT OF ENTRY FEATURE, [vco ai^lr%a FRONT ELEVATION A3.02 118" = 1 =0" 37 ENTRY FEATURE IS NOT A TWO STORY PORTION OP A TWO STORY HOME Floor shall mean an enclosed area in a building (including basement), i.e. top of slab in concrete slab construction or top of wood flooring in wood frame construction. the term does not include the floor of a garage used solely for parking vehicles. INTERPRETATION • The definition of a store- includes the folloNving: Story shall mean that portion of a building included between the surface of any floor and the surface above it, or if there is no floor above it, then the space between such floor and the ceiling next above it... J� INTERPRETATION • To construe the definition of "story" as meaning that the top of the Entry Feature is a one story portion of a two story building would be "LUireasonable" - "nonsensical" • Principle of interpretation holds that interpretations which are "absurd" • To hold interpret the definition of "story" to mean that the entry feature is limited to 12 feet six inches at the eave of the roof would be nonsensical -the Entry Feature would have be lower than the second story portion of the house MEI INTERPRETATInN The interpretation of the definition of "story" means that the entire Entry Feature is one story conflicts with the prescription for Entry Features that: Entry features, if used, should provide a sense of arrival, yet should not overpower them or the remainder of the structure. The scale and proportion of the entry feature should be consistent with the rest of the structure, varying in height lust enough to provide a focal point to the front of the house. tAl" INTERPRETATION The interpretation of the definition of "story" means that the entire Entry Feature is one story conflicts with the prescription for the height of Entry Features in the Town Code that: The height of the entry feature is measured from the finished floor elevation to the upper portion of any balcony railings, Dutch gable or other elements. The height of the Entry Feature is 30 feet from the finished floor to the top element 42 VARIANCE (!1) To permit xi additional 2foot encroachrnent beyond existing 9 foot 8 inch front setbaclic encroachment SETBACK DEFINITION in TowN CODE Setback shall mean the horizontal distance between the front line, side line, or rear of the building site to the front, side or rear of the building or structure respectfully....Forthe purpose of calculating setback distances, the beginning point of the shall be the wall or window or structure .... .. ExiSTING MINIMUM SETBACK closet point lot line 3,1211 45 CLOSLST WALL IN PROPOSED RF.NOVATIO\ JE OF FECTIVE LOT ZEA � � I � F I TORE LIME OF ATRIUM I ! ' m m TO BE I to W DEMOLISHED I I r - --- --- - - - - - - - - - J \- - - - - - - - - - J IN'1'LRPRETATI()v • Definition of Structure Height — "vertical distance measured from "the base flood elevation to the highest point of the structure" • The steps are all above the "base flood elevation" VARIANCE (1) To allow a net addition to the bront entry feature of the existing non - conforming two- story sltigle family dwelling that currently exceeds the rnamlmum permitted floor area ratio hy 2, ;89 ST ►1:3 ENTRY FEATURE is NOT FLOOR AREA Town Code Definition of Floor: Floor shall mean an enclosed area in a building (including basement), i.e. top of slab in concrete slab construction or top of wood flooring in wood frame construction. • Entry Feature is not "enclosed" • Entry Feature is not "in a building" c; ENTRY FEATURE • Entry Feature is not "habitable space" • Entry Feature is used for living • It is not a porch • It is not a breezeway 50 ,A, *_ �3_ . APPEAL OF FINAL ACTION OF THE PLANNING & BUILDING ADMINISTRATOR Date of Application: February 28, 2013 Fee: // 41 (/ o . v o I. Project Information Owner Name: M rtin 'Bo le Owner Signature: Project Address: 23 North Hidden Harbour Dr., Gulf Stream, Florida Project Property Legal Description: Lot 5, Hidden Harbour Estates, Gulfstream, Florida Project Description as Requested: Addition to an existing home to renovate and replace a dated entry feature of the home constructed in 1983 prior to the enactment of the Gulf Stream Design Manual with a new entry feature to provide a more attractive residence which would improve the extent to which the residence is compatible with the intent and purpose of the Design Manual II. Final Action of Planning & Building Administrator: The Planning & Building Administrator determined on January 29 that the application for development approval to modify the existing residence on the above describe property would require approval of four (4) variances. The four (4) variances are described as follows: Variance (1) To allow a net addition of 109 SF to the front entry feature of the existing non - conforming dwelling that currently exceeds the maximum permitted floor area ratio [sic] by 2,589 SF. Variance (2) To permit the first -story eave height of the proposed entry feature to exceed the maximum discourage height of 12.5 feet by 2.5 feet to the architectural element. Variance (3) To permit the second -story eve height of the proposed entry feature to exceed the maximum discouraged height of 23 feet by 2 feet. Variance (4) To permit an additional 2 foot encroachment beyond the existing 9 foot 8 inch front set back encroachment. III. Reason for Appeal: Appellant respectfully submits that the determination of the Planning & Building Administrator is based on a mistaken reading of the Town's Code of Ordinances and a misunderstanding as to the nature and character of the proposed improvements and that a careful reading of the Town's Code shows that the variances are not required. IV. Standards to be Addressed by Applicant: The action of Planning & Building Administrator acted in manner which is inconsistent with the following provisions of the Town's Code: • Section 66 -1 (building, building height, porch open, story, • Section 66 -150 to 66 -155 • Section 70 -31 • Section 76 -67 • Section 76 -70 • Section 70- 100(a)(4), • Section 70- 100(c) • Section 70 -107 V. Please attach color swatch, pictures or plans showing the proposed improvement. The plans for the proposed addition have been filed with the City in this matter. An additional copy is attached in PDF. Respectfiilly submitted, Charles L. Siemon, Esq. Counsel for the Applicant