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_
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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
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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
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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
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a daily and Sunday newspaper published at West Palm Beach in Palm Beach County, 2., TI
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Florida; that the attached co g g anni
copy of advertising, being a to Peron
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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
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COR41SSION EXP. DEC. 14,1994
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285.0105. F.S.S.
TOWN OF
GULF STREAM, FL
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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.
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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