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HomeMy Public PortalAbout01/24/1996REGULAR MEETING AND PUBLIC HEARING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON WEDNESDAY, JANUARY 24, 1996 AT 8:30 A.M. IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. The meeting was called to order at 8:30 A.M. by the Chairman, Howard Wilson. II. Roll Call. Present and Participating: Absent with notice: Howard E.N. Wilson Chairman William Lynch Vice Chairman Fritz Devitt III Board Member Susanna Souder Board Member Robert Hopkins Alternate Board Member Sara Winston Also Present and E. Scott Harrington Participating: John Randolph Rita Taylor Gordon Hamm Dr. Robert Baxter Del Swilley III. Minutes of the Regular Meetinq/Public Hear. Mr. Lynch moved and Mr. Devitt seconded thi as circulated and all voted AYE. IV. withdrawals, were no changes reques Board Member Town Manager Town Attorney Town Clerk Agent for Dr. Applicant Agent for Mr. of December 2 he minutes be �•TR Baxter McGraw approved V. Announcements. A. Meeting Dates 1. February 28, 1996 at 8:30 A.M. in the Town Hall. 2. March 27, 1996 at 8:30 A.M. in the Town Hall 3. April 24, 1996 at 8:30 A.M. to be confirmed Chairman Wilson announced the February and March meetings and the questioned if the date of April 24, 1996 at 8:30 A.M. was agreeable with everyone. All agreed on April 24, 1996 at 8:30 A.M. Chairman Wilson reminded that he and Mr. Devitt would not be able to attend the March meeting and the Town Clerk advised that both alternate members had agreed to attend this meeting. VI. PUBLIC HEARING. A. Applications for Development Approval 1. Continued from November 29, 1995 and December 27, 1995. Gordon Hamm as Agent for Robert and Valerie Baxter, owners of the property located at 1100 N. Ocean Blvd., Gulf Stream, Florida, that is legally described as the Revised Plat Blks. D & E, Palm Beach Shores Acres, Lt 14A and the North 25' of Lt. 15-A (less the West 317.51) Chairman Wilson asked for all of those who intended to speak on any issue on the agenda for this meeting to please stand and receive the Oath. The Oath was administered by the Town Clerk to Gordon Hamm, Dr. Robert Baxter and Del Swilley. Mr. Gordon Hamm was recognized and he presented a plant, Schefflera arboricola "Gold Capella", in a 3 gallon container, and advised that they are requesting approval to plant a series of these plants to screen the wooden fence at 1100 N. Ocean Blvd. He stated it was fast growing, salt tolerant, drought resistant and has a dense foliage, all of which is desire - able at this location. He believed it would grow to the top of the fence within the period of one year. Architectural Review and Planning Board Regular Meeting & Public Hearing January 24, 1996 page 2 Town Manager Harrington called attention to a letter from Urban Design Studio, the Town's design consultants, containing comments and suggestions regarding this plant and it's intended purpose. The letter states that this plant material should provide a dense screen, sufficient to conceal the 6' fence,if the following conditions are applied: 1) Plant material to be #1 standard or better. 2) Plant material to be planted 30" o.c. in hedge formation. 3) Overall height at time of planting shall be 32" or more - full to base. 4) Plant material should have adequate sun exposure (full to partial sun) to prevent defoliation at base and/or mid section. 5) Plant material to be permanently irrigated and fertilized. Dr. Baxter then presented an excerpt from a book, Garden Shrubs and their Histories, and an excerpt from a publication by the American Horticultural Society, both of which explained that the oleander plant, which was the screening material for this fence prior to the storm, is poisonous to humans and animals. Mr. Lynch moved to approve the North Ocean Boulevard Landscape Distrubance Permit provided that the requested hedge material be Schefflera arboricola, "Gold Capella", and that all five conditions stated above in the letter from Urban Design Studio are met. The motion was seconded by Mr. Hopkins. Roll Call: Mr. Devitt; AYE, Mrs. Souder; AYE, Mr. Lynch; AYE, Mr. Hopkins; AYE, and Chairman Wilson; AYE. 2. Eric Soell of Clearwater Pools as agent for Mrs. Aloha Krueger,owner of the property located at 960 Orchid Lane, Gulf Stream, Florida, that is legally described as Lot 83, Place Au Soleil. a. LEVEL II ARCHITECTURAL/SITE PLAN REVIEW -To permit the construction of a screen enclosure around a swimming pool that is under construction. Chairman Wilson read in it's entirety, a letter from Mrs. Krueger advising that because of errors and delays brought on by the contractor, they have terminated their contract with them and are not prepared at this time to present applicable material. Mrs. Krueger requested that this application be carried over to the February meeting. Mr. Lynch moved and Mrs. Souder seconded that action on this application be deferred to February 28, 1996. Roll Call: Mr. Devitt; AYE, Mrs. Souder; AYE, Mr. Lynch; AYE, Mr. Hopkins; AYE, and Chairman Wilson; AYE. 3. Delma Swilley of Del Swilley, Inc. as agent for John L. McGraw, 1601 N. Ocean Blvd., Gulf Stream, Florida, owner of the property located at 1665 N. Ocean Blvd., Gulf Stream, CFlorida, that is legally described in metes and bounds in l Section 10, Township 46 South, Range 43 East, consisting of 1.27 acres. a. LEVEL III ARCHITECTURAL/SITE PLAN REVIEW -To permit the demolition of the dwelling, a swimming pool with concrete deck, a wooden deck, and a concrete driveway with entry columns,and to determine if the site plan is consistent with all applicable sections of the Gulf Stream Design Manual. Architectural Review and Planning Board Regular Meeting & Public Hearing January 24, 1996 page 3 Mr. Swilley stated that the scope of the work was covered in the intro- duction of the item. However, he advised that they have decided that a gate off AlA for access to this vacant property will be nEeded for maintenance purposes. Mr. Swilley distributed a drawing of a proposed wooden gate that would attach to the fence posts on both sides of a 10' opening. Mr. Swilley stated that they will still be sodding over the driveway and apron as the gate will only be used for maintenance access and there will be no need for a hard surface. He added that they will be extending the existing hedge to cover the chain link fence on both sides of the gate, and will be planting some fruit trees which will not be within the 50' strip adjacent to AlA. Town Manager Harrington explained that the demolition approval is a part of the Level III Architectural/Site Plan Review. He stated that the house has no potential historic significance and that the applicant has scheduled demolition to begin immediately upon site plan approval by the Town Commissioi with new landscaping to be installed immediately thereafter. Mr. Harrington further advised that the applicant is requesting to be permitted to leave the gazebo and a small metal garden shed on the property after the demolition of all other structures. He pointed out that in order to do this, a Special Exception is necessary. Mr. Harrington stated that these are accessory structures and as such, require the presence of a primary structure. However, the Code provides that accessory structures may be permitted on a vacant lot that is under the same ownership and adjacent to a lot on which there is a primary structure with the granting of a Special Exception. Should a Special Exception be granted, a deed restriction for the vacant lot must be recorded that requires the removal of the accessory structures if a new primary structure is proposed and the accessory structures fail to conform with the Zoning Code at that time, he said. The members of the Board indicated they had no problem with the addition of the wooden gate after Mr. Swilley advised that it would be painted in a_ shade of gray or green that would blend in with the landscape material. Mr. Lynch moved and Mrs. Souder seconded that it be recommended to the Town Commission that approval of a Level III Architectural/Site Plan Review be granted as requested and amended with the addition of the gate, based upon a finding that the landscape and site plans meet all applicable review standards. Roll Call: Mr. Devitt declared a conflict in that Mr. McGraw is a client of his, and abstained from voting. Mrs. Souder; AYE, Mr. Lynch; AYE, Mr. Hopkins; AYE, and Chairman Wilson; AYE. b. SPECIAL EXCEPTION -To permit the existing metal storage shed and the existing wood gazebo to remain on the propex after the other structures are demolished and still have the property revert to a vacant lot status. Mr. Lynch moved to recommend approval of a Special Exception to permit the existing shed and gazebo structures to remain on the parcel after the demolition of the primary structure, upon a finding that the landscape and site plans, as submitted, meet all applicable specific and general Special Exception review standards, with the condition that the deed restrictions specified in Article III, Section F., item 1 of the Gulf Stream Design Manual be recorded prior to the issuance of the Building Permit needed for the demolition. Mr. Hopkins seconded the motion. Roll Call: Mr. Devitt declared the same conflict as was declared in the vote regarding the Level III Site Plan Review. Mrs. Souder; AYE, Mr. Lynch; AYE, Mr. Hopkins; AYE, and Chairman Wilson; AYE. Architectural Review and Planning Board Regular Meeting & Public Hearing January 24, 1996 page 4 c. AlA VEGETATIVE DISTURBANCE PERMIT -To permit landscape material to be placed over the area of the existing driveway apron along AlA. Mr. Lynch moved and Mrs. Souder seconded that approval of a North Ocean Boulevard Disturbance Permit be recommended to the Town Commission upon a finding that the landscape and site plans, as submitted and amended with Cthe gate, meet all applicable permit standards. Roll Call: Mr. Devitt declared the same conflict as was declared in the votes that were taken for Site Plan Approval and Special Exception Approval recommendations. Mrs. Souder; AYE, Mr. Lynch; AYE, Mr. Hopkins; AYE, and Chairman Wilson; AYE VII. Items by Staff. A. Construction in Progress in December, 1995. The December report reflected there to be $5,108,278 worth of construction in progress. Mr. Harrington advised that Mr. Devitt has agreed to assist in the presenta- tion of the Design Manual at the National American Planning Conference that will be held in Orlando in the spring. He further advised that a similar presentation will be made at a local planning conference that will be held in the Town Hall on February 12, 1996. Mr. Harrington stated that he, Mr. Skowkoski and Mr. Devitt will all participate in the presentation. He expressed his appreciation to Mr. Devitt for being willing to join in this endeavor. VIII. Items by ARPB Members. There were no items by the members. IX. Public. There was no comment from the public. X. Adjournment. Chairman Wilson adjourned the meeting at 9:00 A.M. /'21 -�, z:;� Rita L. Taylor, own Clerk FORM 8B MEMORANDUM OF VOTING COUNTY, MUNICIPAL, AND OTHER LOCAL I I %%NIL—IIRST NA DEVITT III, FRED B. \IAII INU ADDRESS I� 3288 Gulf Stream Road Gulf Stream Palm Beach U111 UN \\111( H \01L U( CURRLD 1-24-96 NA CONFLICT FOR PUBLIC OFFICERS itectural Review & Plann rHtt HOARD. COUNCIL. COMMISSION, WHICH 1 SERVE IS A UNIT OF: ('ITY COUNTY I OTHER LOCAL AQEN('Y NANIL OF POLITICAL SUBDIVISION. Town of Gulf Stream UK LUMMI I ILL CO\iM T1 EE ON PIS POSITION IS: '. LLECI'IVL X APPOIN I'IVL WHO MUST FILE FORM 8B Ibis form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented \vith a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on o%hether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES FI.EcIED OFFICERS: 1 person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on \chich you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. If YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: j • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for irecording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. 'J In vL P.V.I IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETIN • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the mint. of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST e� �• ��E �ZY 1=4 , hereby disclose that on ✓a',. 2 y 19%; (a) A measure came or will come before my agency which (check one) i inured to my special private gain; or X inured to the special gain of a C,, by whom 1 am retain. (b) The measure before my agency and the nature of my interest in the measure is as follows: Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUI. DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOW' IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REPUCTIOI SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. ( r rnR%I Xn - 10 96