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Home My Public Portal About08/03/1992CHAIRMAN: VICE CHAIRMAN: BOARD MEMBER: ALTERNATE MEMBER: Joan Orthwein William Lynch Donald McGraw, Jr. Samuel Ogren, Jr. Susanna Souder Betsy S. Hvide Robert Hopkins II July 27, 1992 REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON AUGUST 3, 1992 AT 9:00 A.M. IN THE TOWN HALL OF GULF STREAM, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order II. Roll Call III. Minutes of the Special Meeting & Public Hearing of July 7, 1992. IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. PUBLIC HEARING A. Variance 1. Alvaro Vera, Agent for Diane Kessenich, 2423 N. Ocean Blvd., Gulf Stream, F1. -Addition of a Porte cochere to the existing non -conforming main structure and addition of a bay window to the existing non -conforming out building that would increase the floor area ratio over the maximum permitted. VI. Site Plan Review A. Alvaro Vera, Agent for Diane Kessenich, 2423 N. Ocean Blvd., Gulf Stream, F1. -Addition of a porte cochere to the main residence and a bay window to an out building. B. CONTINUATION of the review of an application submitted by Ronald Schwab, Agent for George T. Elmore, 6001 Clint Moore Road, Chateau #1, Boca Raton, F1. -Construction of a single family dwelling and accessory structures at 1320 N. Ocean Blvd., Gulf Stream, F1. VII. Vegetative Distrubance Permits A. Richard Harvan, Agent for Jeffrey S. Ratner, 2985 N. Ocean Blvd., Gulf Stream, F1. -Removal of a wooden and chain link fence and construction of a concrete block wall within fifty feet of the AlA right-of-way (North Ocean Blvd. Historic Corridor) VIII. Assignments from the Town Commission A. Regulation of Structures on the Beach B. Zoning Code Requirements for Decks IX. Items by Board Members X. Public XI. Adjournment SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING AND PUBLIC HEARING, 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. PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board will hold a Public Hearing on August 3,1992 at 9:00 A.M. and the Town Commission, sitting as the Board of Adjustment, will hold a Public Hearing on August 14, 1992 at 9:00 A.M., both to be held in the Commission Chambers at the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An application submitted by Alvaro Vera of Blair Construction as Agent for Mrs. Diane Kessenich, 2423 N. Ocean Blvd., Gulf Stream, Florida 33483, requesting a variance from the provisions of Ordinance 83-1; ZONING, Part II; COMPREHENSIVE ZONING ORDINANCE, Section VII; "RS" RESIDENTIAL SINGLE-FAMILY DISTRICT, as amended by Ordinance 90/11 Section 3., Paragraph (i); "SPECIAL PROVISIONS RELATING TO LOTS OF LESS THAN 20,000 SQUARE FEET", Sub Paragraph 4.; LOT Ci Ordinance 83-1; ZONING, Part II; COMPREHENSIVE ZONING ORDINANCE, Section VII; "R51RESIDENTIAL SINGLE-FAMILY DISTRICT, as amended by Ordinance 91/23, Section 2., Sub Section E., Paragraph 2.; FLOOR AREA RATIO and Ordinance 83-1; ZONING, Part II; COMPREHENSIVE ZONING ORDINANCE, Section XI; NON -CONFORMING USES; Sub Section A., Paragraph 4. Extensions to permit the addition of a Porte cochere to the existing nonconforming structure and the addition of a bay window on the studio which together woulc exceed the maximum lot coverage of twenty five (25) percent by seven tenths (.7) percent and which would exceed the maximum floor area ratio of thirty three (33) percent by ten and seventeen hundreths (10.17) percent at the address stated herein. Complete application materials are on file in the office of the Town Clerk in the Town Hall, 100 Sea Road, Gulf Stream, Florida and may be inspected during regular business hours. PERSONS INTERESTED in this matter may appear before the Architectural Review and Planning Board and the Town Commission, sitting as the Board of Adjustment, 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, SITTING AS THE BOARD OF ADJUSTMENT, 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 WIHCH THE AP-EAL IS TO BE BASED. 286.0105, F.S.S. Dated: July 7, 1992 Publish: Palm Beach Post 1st Publication: July 29, 1992 2nd Publication: August 7, 1992 TOWN OF GUFF STREAM, FLORIDA Rita L. Taylor, own Clerk THIS NOTICE IS PUBLISHED PURSUANT TO THE TOWN OF GULF STREAM CODE OF LAWS AND ORDINANCES AND IS POSTED AT THE GULF STREAM TOWN HALL IN A CONSPICUOUS LOCATION OUTSIDE THE FRONT DOOR. THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Chris B L 1 who on oath says that she/he is Class Sales Mar. of The Palm Beach Post, a daily and Sunday newspaper published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising, being a Notice in the matter of Public hearing in the --- Court, was published in said newspaper in the issues of July 29 August 7 1992 Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year neat preceding the first publication of the attached copy of advertisement; and affiant further says that she/he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advqxjisement for publication in the said newspaper. �& �m Sworn to and subscribed before me this 7 day of u ust A.D. 19 92 _7 ,4j7r.gy pt,"ltfc srATE C+ FLC.<!Vfl I;" xT,S81F)! pec.If �V.15,1992 ]'PGZ-J:L ji a M3 Pt1pLIC HIMBIY - ICEMIi19V�y� and MMdelanl IM sed le Hearing paid w. Mld , k t9:0A.M.August e I •t 9:00 .mtl .. 1 Commission. sitting RI 3. P.M.urdof Hearing on will e PuNat 9: on A., 19, 1992 at 9:00 A.Y., to be In the e T.. - 100SChamber. at ad Taw" 100 Sae t hI Go" NIn Flo de, at which 1M xing will be contltlarod: nPlkatlon submitted by o Vele of 81.1, Conetruc- se Agent for Mrs. Diane ankh, 2923 H. Ocean Gulf Stream, Florida 3, nAue.Ung a verb... Me PI.O.I... of lent. 83-1; ZONING, Pert OMPREHENSIVE ZONING NANCE, Section VII; "RS" )ENTIAL SINGLE-FAMILY TICT, as emended by Or - ,ca 9011, Se d.. 3., p,HM (1); "SPECIAL PRO - NS RELATING TO LOTS LESS THAN 20,000 WE FEET", Sub Part 19.; LOT COVERAGE DISTRICT, a. amended by Or- dinance 01%23, Section 2., Sub Section E., Paragraph 2.; FLOOR AREA RATIO and Woman.. 83-1; ZONING, Part II; COMPREHENSIVE ZONING ORDINANCE, Section KI; NON- CONFORMING USES; Sub San Mm A.. Paragraph 9. Exleo-' Mon. to permit Me addition of Is Pon. cocMn to Me ealstlng nonconforming rtructun and the addition of a bay window a" the studio which togNMr would exceed Me maximum tat coverage of twenty Rra (28) percent by seven tan Me (.7) percent and wMch would exceed 1M maximum floor ere. retia of thirty Mr. (33) percent by ten end esra"teen humhothe (10.17) percent at Ma address eteted herein. Complete appMation materF ab at. on IN. In the off. of Me Team Clark In the Town Hall, 100 Sea Road, Ga Siloam, Florida and may be In- .pacted during r"We, noel- .... Noun. Commission, eItti.g n the Board of Adjustment, of the Town of Gulf Stream at the tlmu and place ef.r..Id and be We'd' SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE AN- CHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION, SITTING AS THE BOARD OF ADJUST- MENT, WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS, SAID PARTY WILL NEED A RE- CORD 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 EVP BENCE UPON WHICH THE AP- PEAL IS TO BE BASED. 288.0105, F.S.S. TOWN OF GULF STREAM, FL fill. L T.&, Town Clark PUB: TM Palm Beach Poet July 22, August 7, 1992 PUBLIC HEARING and NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL QNOTICE IS HEREBY GIVEN that the Regular Meeting and Public Hearing to be held by the Architectural Review and Planning Board of the Town of Gulf Stream, Florida that had been scheduled and noticed to be held on July 22, 1992 at 9:00 A.M. HAS BEEN RESCHEDULED and WILL BE HELD ON AUGUST 3, 1992 (Monday) AT 9:00 A.M. in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida. THE FOLLOWING APPLICATIONS WILL BE HEARD A variance application submitted by Alvaro Vera as Agent for Mrs. Diane Kessenich to permit construction of a porte cochere and a bay window at 2423 N. Ocean Boulevard in Gulf Stream, Florida. An application for a North Ocean Boulevard Vegetative Disturbance Permit to permit construction of a privacy wall within fifty (50) feet of the North Ocean Boulevard right-of-way at 2985 N. Ocean Boulevard, Gulf Stream, Florida which was submitted by Mr. Dick Harven as Agent for Mr. Jeff Ratner. A continuation of the Site Plan Review Hearing on an application submitted by George Elmore requesting approval to construct a two (2) story single family dwelling at 1320 N. Ocean Boulevard in Gulf Stream, Florida. PERSONS INTERESTED in this matter may appear before the Architectural Review and Planning Board of the Town of Gulf Stream at the time and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING AND PUBLIC HEARING, 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: July 16, 1992 TOWN OF GULF STREAM FLORIDA Rita L. Taylor, Power e�R— REGULAR MEETING AND PUBLIC HEARING OF THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA HELD IN THE TOWN HALL, 100 SEA ROAD, ON MONDAY, AUGUST 3, 1992 AT 9:00 A.M. IN GULF STREAM, FLORIDA. I. Call to Order The meeting was called to order at 9:05 A.M by Joan Orthwein, Chairman. II. Roll Call Present and OParticipating: Absent with notice: Also Present and Participating: Joan Orthwein R. W. Hopkins Betsy S. Hvide Samuel Ogren, Jr William Lynch Donald McGraw, Jr. Susanna Souder Scott Harrington John Randolph Rita Taylor Alvaro Vera George Elmore Ronald Schwab Richard Harvan Erik Hvide August Urbanek Chairman Alternate Member Alternate Member Board Member Vice Chairman Board Member Board Member Town Manager Town Attorney Town Clerk Mrs. Kessenich's Agent Applicant Mr. Elmore's Agent Mr. Ratner's Agent Town Resident Town Resident III. Minutes of the Special Meeting & Public Hearing of July 7, 1992 Mr. Ogren moved and Mrs. Hvide seconded that the minutes be approved as circulated. Roll Call: Mrs. Hvide; AYE, Mr. Hopkins; AYE, Mr. Ogren; AYE, and Chairman Orthwein; AYE. IV. Additions, withdrawals, deferrals, arrangement of agenda items V. PUBLIC HEARING A. Variance 1. Alvaro Vera, Agent for Diane Kessenich, 2423 N. Ocean Blvd., Gulf Stream, F1. -Addition of a porte cochere to the existing non -conforming main structure and addition of a bay window to the existing non -conforming out building that would increase the floor area ratio over the maximum permitted. Mr. Vera explained the proposed improvements and displayed a color rendering and several photographs of the existing conditions. He pointed out that, with the improvements, the floor area ratio would only exceed the maximum permitted by 7.6% and that a part of the total project will be to remove Othe existing hard surfaced driveway and replace it with loose Chattahoochee while also adding more landscaped area on the property. Mr. Vera explained that this property was a part of a much larger parcel that has previously been divided into three smaller parcels which resulted in non -conformities with regard to set backs on all three parcels. In view of this, he believed that the granting of this variance would have no adverse impact on the surrounding properties. Chairman Orthwein asked if there had been any correspondence received regarding this matter, or if anyone in the public cared to speak. There was no public comment but the Town Clerk advised that a letter had been received from William Young who owns property in the area. She read the letter into the record which advised that Mr. Young had no objection to the proposed variance with the provision that the existing seagrape trees remain and they be replanted in scale if damaged in any manner. Architectural Review and Planning Board - Regular Meeting & Public Hearing -August 3, 1992 page 2 Noting that the proposed improvements would improve the appearance of the property and that the granting of the variance would have no adverse impact on the area, Mr. Ogren moved that it be recommended to the Town Commission that the variance be granted as requested. The motion was seconded by Mrs. Hvide. Roll Call: Mrs. Hvide; AYE, Mr. Hopkins; AYE, Mr. Ogren; AYE, and Chairman Orthwein; AYE. VI. Site Plan Review A. Alvaro Vera, Agent for Diane Kessenich, 2324 N. Ocean Blvd., Gulf Stream, F1. -Addition of a porte cochere to the main residence and a bay window to an out building. Mrs. Hvide moved that the site plan as presented be recommended for approval and the motion was seconded by Mr. Hopkins. Roll Call: Mrs. Hvide; AYE, Mr. Hopkins; AYE, Mr. Ogren; AYE, and Chairman Orthwein; AYE. Mrs. Hvide temporarily left the meeting. B. CONTINUATION of the review of an application submitted by Ronald Schwab, Agent for George T. Elmore, 6001 Clint Moore Road, Chateau #1, Boca Raton, F1. -Construction of a single family dwelling and accessory structures at 1320 N. Ocean Blvd. - Gulf Stream, F1. Mr. Schwab reviewed the changes that were made to the design as directed by the Architectural Review and Planning Board at a previous meeting which included reducing the size of the driveway, adding a planter between the garage doors and deleting windows in the garage doors. He then displayed elevation drawings which reflected a reduction in the amount of glass facing the water, the addition of arches over the second floor doors and windows, and the addition of a glass railing along the second floor balcony. Mr. Schwab advised that the floor elevation had been lowered by 6" and the siding that had been planned for the second floor has been replaced by stucco to match the first story. He displayed a sample of the shades of beigh that would be used for the walls and trim and a sample of the beigh colored cement roof tile that is proposed. Mr. Erik Hvide, property owner at 1424 N. Ocean Blvd. in Gulf Stream, was recognized by Chairman Orthwein. Mr. Hvide stated that he lives across the cove from the proposed dwelling and did not believe that the structure is in keeping with the surrounding area in that all homes in the McLouth Subdivision are Bermuda style structures with white roofs and are only one story in height. He then distributed photos of surrounding properties marked with "I" and photos of two story Bermuda -Colonial homes in Gulf Stream marked with "II". Mr. Hvide suggested that perhaps a scale model Oof the proposed structure would be helpful, noting that the design had interesting angles and perhaps would be more acceptable than what is thought from looking a drawings. Mr. Hvide stated that with the hearing being held during the summer, many people are away and unable to comment regarding this application. He then presented a letter from Florence Hupfel of 1428 N. Ocean Blvd. The Town Clerk read the letter into the record which expressed opposition to the proposed structure in that it is a two story dwelling and not of a Bermuda style architecture, and having the effect of a business office. Architectrual Review and Planning Board - Regular Meeting & Public Hearing -August 3, 1992 page 3 Mr. August Urbanek of 1314 N. Ocean Blvd., Gulf Stream, F1. was recognized by Chairman Orthwein. Mr. Urbanek noted that there are several two story dwellings in his area and that he had even considered adding a second story to his dwelling. He believed that with the property values as they are, more future property owners will be wanting two story dwellings. Mr. Urbanek stated he has no objection to the 2 story structure and no objection to the beigh roof provided it is a solid color. He added that he was pleased that the siding had been replaced with stucco on the second floor. Chairman Orthwein stated she had no objection to 2 story dwellings but felt;: the structure does not fit with the Bermuda style of the area. She believed a glass railing would even make the structure a more modern design and asked if they would consider any other type of railing. Mr. Elmore stated he would install any type of rail they wanted but it had been thought that the glass would be the least objectionable since one would see thru it. Mr. Urbanek advised he would be opposed to a pickt railing and felt the glass would be the least objectionable. Mr. Hopkins and Mr. Ogren agreed with this observation. Attorney Randolph pointed out that as the Ordinance is written, the ARPB must find that a proposed structure is in harmony with the area and that it is not excessively similar or excessively dissimilar. He then read the entire paragraph in relation to this. Mr. Hopkins asked Mr. Elmore if he would object to having a white roof to match those across the cove. Mr. Elmore replied that he did object to a white roof in that there was too much glare from it and he would not be able to stay out in his yard due to an eye condition. Mr. Hvide commented that he had never had a white roof before and he realized the maintenance was much greater with the white. He added that he had just replaced the entire roof on his home and had used white in order to be in keeping with the area. He hoped that Mr. Elmore would reconsider and change the roof to white. Mr. Hvide called attention to the photos he had distributed which showed two story beigh dwellings with white roofs and trim. Mr. Schwab commented that he felt the house would stand out more with a white roof and a railing of anything else but glass. OMr. Elmore pointed out that there are two story homes to the south, in the Hidden Harbour Subdivision, which have orange or red barrel tile roofs. He believed that his home, placed between the homes in Hidden Harbour and the white roofed Bermuda style homes acted as a "step down". Mr. Hopkins commented that Mr. Elmore has provided extensive landscaping and that he believed with that in place, the proposed structure would be more in harmony with the surrounding area. He did feel that a white roof would be more acceptable. Mr. Hopkins moved to recommend that the site plan be approved as amended provided that the matter of changing the color of the roof tile be revisited. The motion was seconded by Mr. Ogren. Roll Call: Mr. Hopkins; AYE, Mr. Ogren; AYE, and Chairman Orthwein; NAY. Chairman Orthwein stated she had no objection to a two story home but did feel the style of architecture was excessively dissimilar. Mrs. Hvide returned to the meeting. Architectural Review and Planning Board - Regular Meeting & Public Hearing -August 3, 1992 page 4 VII. Vegetative Distrubance Permits A. Richard Harvan, Agent for Jeffrey S. Ratner, 2985 N. Ocean Blvd., Gulf Stream, F1. -Removal of a wooden and chain link fence and construction of a concrete block wall within fifty feet of the AlA right-of-way (North Ocean Blvd., Historic Corridor). Mr. Harvan called attention to the drawings of the proposed wall which Oindicate that the existing gates would be used. Mrs. Hvide questioned if Mr. Ratner had planned to place any plantings in front of the wall to break up the harshness of the wall. Mr. Harvan felt sure that this would be done but that it was not detailed on the drawings. Mrs. Hvide moved that it be recommended to the Town Commission that a Vegetative Disturbance Permit be issued to cover the improvements as requested provided there are plantings of low vegetation placed along the front of the wall adjacent to AlA. The motion was seconded by Mr. Hopkins. Roll Call: Mrs. Hvide; AYE, Mr. Hopkins; AYE, Mr. Ogren; AYE, and Chairman Orthwein; AYE. VIII. Assignments from the Town Commission A. Regulation of Structures on the Beach Town Manager Harrington explained that there have been three thatched roofed structures erected on the beach, two of which have been there for some time, the other erected within the past year. Mr. Harrington advised that at this time, it is necessary for permits to be obtained from the Florida DNR and from the Palm Beach County DERM. He further advised that the current Gulf Stream Zoning Regulations would require only that the structure meet the setback requirements. Mr. Harrington stated that a town resident had appeared before the Town Commission and ask that they review the code where any beach construction is concerned as a proliferation of these structures on the beach could detract from the character of Gulf Stream. The Board felt some restrictions should be placed on these but felt more study was needed. Mr. Harrington and Mr. Ogren were directed to develop some regulations and standards for permitting and controlling structures of this type on the beach in the event it is determined that they are to be permitted at all. Mr. Harrington was hopeful that this could be ready for presentation to the ARPB at the meeting on August 19, 1992. B. Zoning Code Requirements for Decks Mr. Harrington explained that he has a permit application to permit construct• ion of a deck to be placed over an existing concrete patio which extends into the side yard setback. He stated that a deck falls under the current definition of a structure which is prohibited in the setback. He also advised that a concrete patio also would fall under the definition of a structure but that the Town has historically permitted patios to extend into the setback and to also permit mechanical equipment to be placed in the osetback in the absence of any direct prohibition being stated in the code. The Town Manager advised that the Town Commission has asked the ARPB to study this and make a recommendation to them. Mr. Harrington also advised that some codes allow structures in the setbacks that are restricted to an established maximum height. After considerable discussion, Mr. Harrington was instructed to prepare a document for consideration that would prohibit decks in the setback that exceed 4" above grade and would require, that a 3' setback from the lot line be maintained for those that would be permitted. With regard to mechanical equipment, it would be prohibited in the setback for lots of 20,000 sq. ft. or greater. However, for lots of less than 20,000 sq. ft. it was directed that Mr. Harrington prepare some recommendations for permitting mechanical equipment in a portion of the setback. Mr. Harrington stated he expected to have this for review at the August 19th meeting. Architectural Review and Planning Board - Regular Meeting and Public Hearing -August 3, 1992 page 5 The Board further directed that the regulations be written in a manner such that their enforcement and compliance review would be by administrative review and not require review and approval by the Board or Town Commission. IX. Items by Board Members OThere were no items by Board members. X. Public There was no comment from the public. XI. Adjournment Chairman Orthwein adjourned the meeting at 11 A.M. Rita L. Tayl , Town Clerk