Loading...
HomeMy Public PortalAbout10/28/1992PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on Wednesday, October 28, 1992 at 9:00 A.M. and the Town Commission, sitting as the Board of Adjustment, will hold a Public Hearing on Friday, November 13, 1992 at 9:00 A.M., both in the Commission Chambers at the Town Hall, 100 Sea Road, Gulf Stream, Florida at which the following will be considered: 1. An application submitted by Albert Jackman, Agent for Mr. & Mrs. James Kennedy, 823 N.E. 3rd St., Delray Beach, F1. 33483, requesting a variance from the provisions of The Code of Ordinances of the Town of Gulf Stream, Chapter 66; ZONING, Article VI.; DISTRICT REGULATIONS, Division 2.; RS SINGLE-FAMILY RESIDENTIAL DISTRICT, Section 66-207; .Roof limitations, to permit the addition of an oversize two car garage on the north east corner of the existing dwelling and the addition of a master bedroom and closet to the north west corner of the existing dwelling located at #7 Driftwood Landing, both of which will have flat roofs which exceed the maximum ten percent (10%) flat roof surface area for the structure that is permitted by fourteen and twenty six hundreths percent (14.26%). The legal description of the property is Lot 4, Driftwood Landing. 2. An application submitted by Digby Bridges of Digby Bridges, Marsh and Associates, Agent for Mr. & Mrs. Alan Kahn, 414 Andrews Avenue, Delray Beach, F1. 33483, requesting a variance from the provisions of The Code of Ordinances of the Town of Gulf Stream, Chapter 66; ZONING, Article VIII.; SUPPLEMENTARY DISTRICT REGULATIONS, Division 2.; ACCESSORY STRUCTURES AND RECREATIONAL FACILITIES, Section 66-367; Swimming _pools, Paragraph (e) , to permit the construction of a swimming pool which would extend eight feet (8') into the required twenty five foot (25') corner n yard setback adjacent to Golfview Drive at 2900 Gulf Stream Road, legally described as Lot 15 of Gulf Stream Properties. ALL PERSONS INTERESTED in these matters may appear before th 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, 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 WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Dated: October 9, 1992 TOWN -OF GULF STREAM, FLORIDA Publish: Palm Beach Post n_ 7� Publication Date: October 21, 1992 % November 2, 1992 LC� November 12, 1992 Rita L. Taylor, Town Clerk THIS NOTICE IS PUBLISHED PURSUANT TO THE TOWN OF GULF STREAM CODE OF ORDINANCE AND IS POSTED AT THE GULF STREAM TOWN HALL IN A CONSPICUOUS LOCATION OUTSIDE THE FRONT DOOR. THE PALM BEACH POST be. AraNleetrael ftWI& Punning Beard of T Guff 6treaaf W tloweM Published Daily and Sunday H.Mng on w.ww.r; West Palm Beach, Palm Beach County, Florida Gwa 28, 1°°2c, ;ra� I PROOF OF PUBLICATION P e:go Wn STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Chris Bull o. th who on oath says that she/he isrlass . a T oa Town mIN Post, "; ZOND MQr of The Palm Beach RE a a daily and Sunday newspaper published at West Palm Beach in Palm Beach County, 2., TI Y es22007 Florida; that the attached co g g anni copy of advertising, being a to Peron i in the matter of public hearing in the --- Court, was published in said newspaper in the issues of October 21, November 2 12 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 next 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 dvertisement for publication in the said newspaper. a 4 Sworn to and subscribed before me this 12 dayofNoovember/A.D. 19 92 �-�Ly2 N ARY PUBLIC STATE OF FLORIDA COR41SSION EXP. DEC. 14,1994 BONDED THRU GENERAL INS. IIND_ Um npM existing d tion of a 1 C'Mmt to nor of ON, cried at Ing. both roan wm mum len of um, 9 a a on I Me addF 1 and Prov LarW ALL PERSONS INTERESTED In Unne Menem MY appear tat fon Me. ArcNledural Peder and Planning Spud andtlr Town Commhabn of. 'the Town of OUR Sinam at the timN a" place A for"ald Md lu Iu.M. 1 .. ....... ' -," MAY NEED TO INaumc VERBATIM RECORD OF THE PROCEEDINGS IS MADE; WHICH RECORD INCLUDES THE TESTIMONY AND M OENCE UPON WHICH THE AP' PEAL IS TO BE BASED. 285.0105. F.S.S. TOWN OF GULF STREAM, FL Rib L TaYb4 Town Clark Pus: no Pakn Beach Poet October 21, November 2. 12. 1992 CHAIRMAN: VICE CHAIRMAN: BOARD MEMBER: ALTERNATE MEMBER: Joan Orthwein William Lynch Donald McGraw, Jr. Samuel Ogren, Jr. Susanna Souder Robert Hopkins Betsy Hvide October 22, 1992 REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON WEDNESDAY, OCTOBER 28, 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 Regular Meeting and Public Hearing of September 23. IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. PUBLIC HEARING A. Variances 1. Albert Jackman, Agent for Mr. & Mrs. James Kennedy, 7 Driftwood Landing, Gulf Stream, Florida -To permit two additions, a garage and a master bedroom, to the existing dwelling, both of which would have flat roofs that would exceed the maximum 108 flat roof surface area permitted. 2. Digby Bridges of Digby Bridges, Marsh and Associates, Agent for Mr. & Mrs. Alan Kahn, 2900 Gulf Stream Road, Gulf Stream, Florida -To permit construction of a swimming pool which would extend 8' into the required 25' setback. VI. Land Clearing Permit A. Albert Jackman, Agent for Mr. & Mrs. James Kennedy, 7 Driftwood Landing, Gulf Stream, Florida -To permit adding fill material to increase the grade elevation adjacent to the pool patio for the 1 purpose of enlarging the existing pool patio. VII. Site Plan Review A. Albert Jackman, Agent for Mr. & Mrs. James Kennedy, 7 Driftwood Landing, Gulf Stream, Florida -To permit the construction of two additions to the existing dwelling. B. Digby Bridges, Agent for Mr. & Mrs. Alan Kahn, 2900 Gulf Stream Road -To permit construction of a swimming pool. VIII. Items by Staff A. Clarification of ARPB File #91-13; New Residence and Accessory, Structures for Jefferson VanderWolk, 2801 N. Ocean Blvd, Gulf Stream, Florida regarding installation of a fountain in the side yard setback. B. Construction in Progress Report 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, 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. Q u REGULAR MEETING AND PUBLIC HEARING OF THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA HELD ON WEDNESDAY, OCTOBER 28, 1992 AT 9:00 A.M. IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to order The meeting was called to order at 9:00 A.M. by the Chairman, Joan Orthwein. II. Roll Call Present and Participating: Joan Orthwein Donald McGraw, Jr Samuel Ogren, Jr. Susanna Souder Absent without notice: William Lynch Absent with notice: Also Present and Participating: Robert Hopkins Betsy Hvide Scott Harrington Pamela McNierny Rita Taylor Albert Jackman Digby Bridges Mark Marsh Jeff Vander Wolk Chairman Board Member Board Member Board Member Vice Chairman Alternate Member Alternate Member Town Manager Asst. Town Attorney Town Clerk Agent for Kennedy Agent for Kahn Agent for Vander Wolk Town Resident III. Minutes of the Regular Meeting and Public Hearing of September 23 Mr. McGraw moved and Mrs. Souder seconded that the minutes be apprc as circulated. Roll Call: Mr. McGraw; AYE, Mrs. Souder; AYE, Mr. Ogren; AYE, and Chairman Orthwein; AYE. IV. Additions, withdrawals, deferrals, arran ement of agenda items. The Town Clerk asked to have added as Item VIII.C. the matter of a meeting date for December. There were no objections. V. PUBLIC HEARING A. Variances 1. Albert Jackman, Agent for Mr. & Mrs. James Kennedy, 7 Drift- wood Landing, Gulf Stream, Florida -To permit two additions, a garage and a master bedroom, to the existing dwelling, both of which would have flat roofs that would exceed the maximum 10% flat roof surface area permitted. Mr. Jackman presented display of photos of the homes in the area and a diagram showing their location in relation to 7 Driftwood Landing which indicated that the homes consist of several different architectural styles. He explained that the Kennedy's were striving for a southwestern style as the interior is being designed along those lines. Mr. Jackman stated that it is planned to add on to the existing garage and convert it into a new master bedroom and closet and then construct the second addition on the east as a garage. He pointed out that the additions are planned with flat roofs for two reasons. The tile company had advised that it would not be possible to match the existing barrel tile on the roof due to its having weathered for many years, and the Kennedy's did not want the additions to appear as additions,which would be obvious if the roof tiles did not match those on the existing house. The second reason for the flat roofs is to give the structure more of the southwestern look. Chairman Orthwein asked if peaked roofswould be in keeping with the design and Mr. Jackman said they would but there still remains the problem of Architectural Review and Planning Board Regular Meeting and Public Hearing of October 28, 1992 page -2- matching the tiles. He added that it would be very difficult to paint the existing tile to match new tile because there is so much of it, but they are planning to paint a small area around a chimney that had been repaired so it would blend with the rest of the roof. Chairman Orthwein asked if there were any plans to repaint the exterior and Ochange the color. Mr. Jackman stated they did plan to repaint but the owners had indicated they would use the same color. He added that it is his recommendation that the color be changed to possibly something in the beigh tones. Mr. Ogren stated he agreed with Mr. Jackman that the flat roof additions using the parapet wall as shown adds to the appearance of the structure. Mr. Ogren suggested that the appearance could be enhanced even more by adding a row of barrel tile along the edge that could be painted to match the roof of the house since there would be only a small number. He pointed to a similar design that is used on the house across from 7 Driftwood Landing. He further suggested that scuppers be extended from the roof to prevent unsightly dark streaks caused by the runoff. Mr. Jackman felt that his clients would favor these suggestions. Mrs. Souder believed the additions would be an improvement to the appearance of the structure and agreed with Mrs. Orthwein that a change in exterior color would enhance the appearance even more. Mrs. Souder moved that it be recommended to the Town Commission that the variance be granted to add the flat roof additions provided a row of tiles to match those on the house are placed along the edge of the parapet walls and scuppers added, both as suggested by Mr. Ogren and provided that the exterior color is changed to beigh tones. Mrs. Souder added that she felt the flat roof additions would protect the architectural integrity of the structure in this instance, taking into consideration the problem of matching the existing tiles. The motion was seconded by Mr. Ogren. Roll Call: Mr. McGraw; AYE, Mrs. Souder; AYE, Mr. Ogren; AYE, and Chairman Orthwein; AYE. 2. Digby Bridges of Digby Bridges, Marsh and Associates, Agent for Mr. & Mrs. Alan Kahn, 2900 Gulf Stream Road, Gulf Stream, Florida -To permit construction of a swimming pool which would extend 8' into the required 25' setback. Mr. Bridges presented pictures of the site, calling attention to the fact there are streets on two sides and there is heavy perimeter landscaping adjacent to those streets. He stated that there is an existing spa with a very large concrete deck that is located in the area that is planned for construction of a pool which would be removed, adding that the pool and deck would be approximately the same size as the existing concrete deck. Mr. Bridges noted that the code establishes a setback on each street as a front setback which requires 10' more than if a side setback was being met. He called attention to the Town Managers recommendation that a smaller deck be installed next to the house which would reduce the degree of variance to 4' and advised that his clients felt they would be using the area of the deck next to the house much more than the deck on the outside of the pool and a loss of 4' in width would not be feasible. Mr. Bridges went on to state that his clients were willing to reduce the width by 2' making the request for encroachment into the setback 6' instead of 8'. Architectural Review and Planning Board Regular Meeting and Public Hearing of October 28, 1992 page -3- Chairman Orthwein asked if the pool would hefenced and was advised that there is a 4' high picketfence on the outside and the very dense hedges behind it. Mrs. Orthwein believed the County Code calls for a 5' high fence which was confirmed by Mr. Harrington. She questioned if a 5' high chain link fence could be installed in the hedge. Mr. Harrington advised that while the County Code is 5' high for new construction, he believed that the existing fence would be grandfathered since there was an existing spa which is also classed as open water. Mr. McGraw moved that it be recommended to the Town Commission that a variance be granted to permit the proposed pool to encroach 6' into the required 25' setback as a hardship exists in that a front setback is required on the side as well as the front due to the parcel being adjacent to two streets. The motion was seconded by Mr. Ogren. Roll Call: Mr. McGraw; AYE, Mrs. Souder; AYE, Mr. Ogren; AYE, Chairman Orthwein; NAY. Chairman Orthwein explained that she had no objection to the pool being installed but that she felt the existing fencing was inadequate. VI. Land Clearinq Permit A. Albert Jackman, Agent for Mr. & Mrs. James Kennedy, 7 Driftwood Landing, Gulf Stream, Florida -To permit adding fill material to increase the grade elevation adjacent to the pool patio for the purpose of enlarging the existing pool patio. Mr. Jackman explained that there is an existing screen enclosure which is to be permanently removed and an existing 8' high wall that will be reduced in height. He further explained the- north edge of the existing patio is approximately 3' higher than the adjacent lawn and his client wants to extend the patio. In order to do so, it will be necessary to add fill, he said. Mr. Harrington explained that at the time this application was made, Ordinance #92/7,which regulates decks and patios in setbacks,had not been adopted, thus the land clearing permit was applied for. He went on to explain that with Ordinance #92/7 in place, this land clearing permit would not be necessary as patios are permitted to within 3' of the lot line. Mr. McGraw moved that it be recommended to the Town Commission that the Land Clearing Permit be granted, seconded by Mrs. Souder. Roll Call: Mr. McGraw; AYE, Mrs. Souder; AYE, Mr. Ogren; AYE, and Chairman Orthwein; AYE. VII. Site Plan Review A. Albert Jackman, Agent for Mr. & Mrs. James Kennedy, 7 Driftwood Landing, Gulf Stream, Florida -To permit the construction of two additions to the existing dwelling. OMr. McGraw moved and Mrs. Souder seconded that it be recommended to the Town Commission that the site plan be approved with the conditions of the variance to be a part of the approval. The motion was seconded by Mrs. Souder. Roll Call: Mr. McGraw; AYE, Mrs. Souder; AYE, Mr. Ogren; AYE, and Chairman Orthwein; AYE. B. Digby Bridges, Agent for Mr. & Mrs. Alan Kahn, 2900 Gulf Stream Road -To permit construction of a swimming pool. Mr. McGraw moved to recommend approval of the site plan as amended by the variance that was previously granted, seconded by Mrs. Souder. Roll Call: Mr. McGraw; AYE, Mrs. Souder; AYE, Mr. Ogren; AYE, and Chairman Orthwein; NAY. Mrs. Orthwein advised she did not feel the fencing was adequate. Architectural Review and Planning Board Regular Meeting and Public Hearing of October 28, 1992 page -4- VIII. Items by Staff A. Clarification of ARPB File #91-13; New Residence and Accessory Structures for Jefferson Vander Wolk, 2801 N. Ocean Blvd., Gulf Stream, Florida regarding installation of a fountain in the side yard setback. OMark Marsh as Agent for Mr. Vander Wolk explained that the courtyard area is the focal point and a variance had been granted to construct the pool in a portion of the setback. He advised that after variance and site plan approval had been received, it was decided to make the pool more narrow and include the spa and fountain. He added that all would still be inside the privacy wall that had been a part of the original approval. Town Manager Harrington explained that he first became aware of the fountain when the pool contractor submitted an application for a building permit to construct the pool, fountain and spa. He called attention to the provisions in Ordinance #92/7 which prohibit accessory structures in the setback and mechanical equipment in the setback. In view of this, the Town Manager did not feel the staff has the authority to overrule the ordinance. Mr. Ogren believed that fountains should not be considered as accessory structur under Ordinance #92/7 but that they should be subject to site plan review before being permitted. The other members of the Board were in agreement with this position. Mr. Harrington questioned Mr. Marsh as to the height of the proposed fountai: that would be fastened to the privacy wall. Mr. Marsh replied that it is approximately three and one half feet high. Mr. Vander Wolk, speaking from the audiance, stated that a final decision had not yet been arrived at with regard to the design of the fountain. He explained that the fountail is a part of the landscape design being done by Edward Stone. Mr. McGraw moved that it be recommended to the Town Commission that approval of the fountain be granted in that the project was under construction prior to the adoption of Ordinance #92/7. The motion was seconded by Mr. Ogren. Roll Call: Mr. McGraw; AYE, Mrs. Souder; AYE, Mr. Ogren; AYEI and Chairman Orthwein; AYE. Mr. Ogren then moved to recommend to the Town Commission that fountains not be considered as accessory structures under Ordinance #92/7 but that they are subject to site plan review. The motion was seconded by Mrs. Souder. Roll Call: Mr. McGraw; AYE, Mrs. Souder; AYE, Mr. Ogren; AYE, and Chairman Orthwein; AYE. - B. Construction in Progress Report The Construction in Progress Report revealed there to be $7,807,706 worth of construction in progress in September, 1992. C. Date of the December Meeting. The Town Clerk advised that the regular meeting date would be December 23, 1992 and asked if that was agreeable since it was so near the holiday. The members of the Board agreed unanimously that the December meeting would be held on Tuesday, December 15, 1992 at 9:00 A.M. Architectural Review and Planning Board Regular Meeting and Public Hearing of October 28, 1992 page -5- IX. Items by Board Members There were no items by the Board Members. X. Public There was no comment from the public. XI. Adjournment Chairman Orthwein adjourned the meeting at 10:20 A.M. Rita L. Taylor, wn Clerk