HomeMy Public PortalAbout11/19/1997MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE
ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM,
FLORIDA ON WEDNESDAY, NOVEMBER 19, 1997, AT 8:30 A.M., IN THE TOWN HALL,
100 SEA ROAD, GULF STREAM, FLORIDA.
I. Call to order. Vice Chairman Devitt called the meeting to order
at 8:30 A.M.
II.
Present and Fred Devitt III
Participating: Muriel Anderson
Hewlett Kent
Perry O'Neal
Sara Winston
Absent with Howard E.N. Wilson
Notice: Marjorie McGraw
Also Present and Kristin K. Garrison
Participating: Rita Taylor
John Conway
Frank Lahage
Marjorie McGraw
William Lynch
Vice Chairman
Alternate Member
Board Member
Alternate Member
Board Member
Chairman
Board Member
Town Manager
Town Clerk
Architect for Malnove
Agent for Malnove
Town Resident
Town Resident
The Town Clerk stated for the record that Chairman Wilson experienced a
business conflict and Mr. O'Neal is serving on the Board for this
meeting. She further stated that Mrs. McGraw had advised that she will
not be serving as she will declare a Conflict of Interest and Mrs.
Anderson will replace Mrs. McGraw at this meeting. Town Clerk Taylor
then asked Mrs. McGraw, who was in the audience, to please state the
nature of the conflict.
Mrs. McGraw stated that inasmuch as she is the property owner adjacent
to the Malnove property on the north, she was not comfortable with
having to share in this decision.
III. Minutes of the Regular Meeting and Public Hearing of 9-24-97.
There were no corrections to the minutes requested by the members
of the Board and Vice Chairman Devitt declared them approved as
circulated.
IV. Additions. withdrawals. deferrals, arrangement of agenda items.
There were no changes to the agenda requested.
Regular Meeting & Public Hearing
Architectural Review & Planning Board
November 19, 1997
page 2
A. Meeting Dates
1. Regular Meeting & Public Hearing 12-17-97 at 8:30 A.M.
2. Regular Meeting & Public Hearing 1-28-98 at 8:30 A.M.
3. Regular Meeting & Public Hearing 2-25-97 at 8:30 A.M.
4. Regular Meeting & Public Hearing 3-25-97 at 8:30 A.M.
Vice Chairman Devitt called attention to the dates of the meetings
listed above and noted that there are no applications in process and
therefore there will be no December meeting. There was no comment from
the Board regarding the other meeting dates.
� t:
The Town Clerk administered the Oath to John Conway, Frank Lahage and
Marjorie McGraw.
Vice Chairman Devitt asked if any of the Board Members had any ex -parte
communications or site visits to disclose regarding the item to be heard
as this Public Hearing.
Mrs. Anderson, Vice Chairman Devitt, and Mr. O'Neal disclosed that they
had spoken to Town Manager Garrison for purposes of clarification in
connection with the application. Mrs. Anderson also disclosed that she
had reviewed the site from AlA. In addition, Vice Chairman Devitt
stated he had spoken briefly with Mr. Kent, advising him to contact the
Town Manager for any details regarding this application. Mr. Kent also
disclosed that he had visited the site.
A. Applications for Development Approval
1. -An application submitted by H. Frank Lahage of H. Frank
Lahage & Associates, Inc., as agent for Mr. & Mrs. Paul
Malnove, the owners of the property located at 1555 N.
Ocean Blvd., Gulf Stream, Florida, which is legally
described in metes and bounds in Section 10, Township 46
South, Range 43 East.
a. SPECIAL EXCEPTION -To exceed the maximum permissible
FAR by 296 square feet of roof projections.
b. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW -To permit the
addition of two breezeways, roofed and unenclosed, to
the dwelling under construction at the location
stated herein.
Mr. John Conway, the architect for the Malnove project, reminded that
the trellis covering the walkways from the house to the cabana and
between the two garages had been approved at the original submission of
the project. He advised that the owners had come to realize there would
be no protection from the rain with just a trellis, and have directed
Regular Meeting & Public Hearing
Architectural Review & Planning Board
November 19, 1997
page 3
that application be made to permit these areas to be covered with a
barrel tile roof to match the house. He noted that all roofed areas
[excluding overhang of 2 1/211 are counted in the FAR computation and by
adding these roofs, the FAR would be increased to 296 square feet more
than is permitted. Mr. Conway reminded that some of the original detail
C1 on the structure had been deleted during the first review of the
project, at the request of the Town, and at that time, the Board had
felt there were still too many different styles of detail. He believed
that deleting the trellis in favor of the roofs would eliminate even
more detail from the project, which is what the Town favored. Mr.
Conway then stated that the owner has agreed to replace the concrete
rope design columns at the front entrance and the garage windows with
simple, plain concrete columns, remove the pineapples and the quatrefoil
on the front wall of the house as a trade-off for the roofed breezeways.
He further stated that he was aware that the Town would prefer that the
pop -out windows be eliminated, but they had considered it and found it
to be impossible with the structure nearing completion.
Mr. Frank Lahage, Contractor of Record, was recognized. He called
attention to a letter dated September 20th that Mr. Harrington had
written to the Board advising that the applicant had given up the
covered breezeways during the original submission of the project in
order to get approval for the main house and are now coming back to have
them approved. Mr. Lahage believed that this was actually an oversight
on the part of the owners in that they had visited the site during the
summer when there was a heavy rain and had realized there was no
protection between the buildings. He advised that he had pointed out to
Mr. & Mrs. Malnove that a roof from the house to the cabana was probably
not a priority since one would most likely have a bathing suit on when
using this area. In view of this, Mr. Lahage offered to delete the
request for a roofed breezeway from the house to the cabana, thus
reducing the request to 131 square feet over the permitted FAR as
opposed to the original request for 296 square feet.
Vice Chairman Devitt asked Town Manager Garrison to review her staff
report.
Mrs. Garrison advised that the original application for the project was
heard by the ARPB on September 25, 1996 and by the Town Commission on
October 18, 1996, and was found minimally consistent with the Manual.
There were concerns over the complexity of the elevations, including
pop -out windows, number of eave lines, number of ornamental details,
variety in trim detail as well as concerns about the size of the home,
she said. The Town Manager reported the size of the lot is 38,158
square feet and the construction as originally approved is only one foot
Regular Meeting & Public Hearing
Architectural Review & Planning Board
November 19, 1997
page 4
under the maximum FAR permitted of 10,231 sq. feet. Mrs. Garrison
further advised that the current request was originally submitted in
April 1997 and the applicant had requested several continuations until
it was resubmitted in October 1997 to enable consideration at this
November 1997 meeting.
Town Manager Garrison stated that this current request to exceed the
allowable square footage by 296 square feet requires two types of
approvals, a Special Exception Approval to exceed the FAR and a Level 3
Site Plan Approval for the new breezeways. She reminded that both the
specific and general Special Exception review standards must be
considered, in addition to the usual site plan review standards, in
order to arrive at a recommendation for this application.
The Town Manager advised that the Special Exception provision was
created to encourage creative design by allowing the addition of up to
300 Sq. Ft. of projection elements which do not add to the mass of the
house. The previous approval on file entails 3 separate buildings
connected by a trellised walkway and the Special Exception request would
result in 229 linear feet of continuous roof mass which has particular
impact when viewed from the north, she said. For this reason, in making
a recommendation to the Town Commission, special consideration must be
given to the review standard pertaining to the mass of the home, the
Town Manager added. She reminded that if the proposal is found not to
meet the Special Exception Standards, the Level 3 Site Plan Review
should also be recommended for denial based on its failure to meet the
requirements of the Design Manual.
Town Manager Garrison advised she had reviewed the Staff Report that had
been prepared by Mr. Harrington prior to his departure, and that she is
in agreement with his recommendation that the Special Exception request
be denied in that the additions add to the overall complexity and sense
of mass of the structure, and therefore fail to meet all applicable
specific and general Special Exception review standards. She also
recommended denial of the Level 3 Architectural/Site Plan Review based
on a finding that the additions fail to meet the criteria necessary to
exceed the maximum Sliding Scale Floor Area Ratio.
Mrs. Garrison reported that Chairman Wilson sent his apology for being
unable to attend the hearing and had provided some comments with regard
to the application, for the public record. The Town Manager advised that
that Mr. Wilson reminded that the original approval was given with
reservations and the applicant, at that time, had not been willing to
live within the spirit of the guidelines. He believed there should be a
willingness to work with the Board and the Commission on tempering the
Regular Meeting & Public Hearing
Architectural Review & Planning Board
November 19, 1997
page 5
multitude of design elements that complicate the facade and reduce the
complexity of the front elevation. Mr. Wilson pointed out that the
whole reason for allowing the FAR to be exceeded was to enable the
incorporation of attractive design elements, such as balconies and
porches, to temper the appearance of larger homes like this one.
C
Vice Chairman Devitt called for comment from the public and Marjorie
McGraw, the property owner adjacent to the north of the project, was
recognized. She stated that she can sympathize with the owners feeling
the need for additional shelter but she believed this should have been
considered in the original project, noting that well respected
professionals were involved with the planning, designing and
constructing the project. She advised that when looking to the south
from her property, the only open area is between the two garages. The
remaining view is a mass of tile roof, she said. Mrs. McGraw believed
that the only way to soften this would be to have the entire area on the
Malnove planted out with material of a considerable size.
Mr. Lahage advised that Mr. Malnove had been misled by the Realtor,
Castles by the Sea, at the time of purchase in that he had been told
that the property owner to the south would purchase 50, of the 200'
parcel, leaving Mr. Malnove 150' for his home. He explained that is the
reason there is a large house on the 1001. Mr. Lahage further stated
that Mr. Malnove would be willing to plant out the 15, area on the north
side of his property, adding that money is no object. Mr. Lahage ended
his comments by reminding that the proposed roof between the garages
would not be seen from AlA.
In reply to a question from Vice Chairman Devitt, Mr. Lahage advised
that by removing the request for a roof from the house to the cabana,
the Special Exception request is reduced from 296 square feet to 131
square feet. The Vice Chairman asked Town Manager Garrison if this
reduction and the other changes mentioned earlier by Mr. Conway would
make a difference in her recommendation.
The Town Manager replied that while these changes would be welcome, it
does not alter the fact that the roof between the garages adds mass to
the structure as viewed from the north. Therefore, her recommendation
for denial had not changed.
Vice Chairman Devitt asked Mrs. McGraw if there was some special
planting that she felt would be helpful to which she replied that some
of the mass could be mitigated by planting the entire area between the
house and the wall on the north side of the property to obscure the vast
expanse of tile roof.
Regular Meeting & Public Hearing
Architectural Review & Planning Board
November 19, 1997
page 6
Mr. Lahage repeated that he was certain the owner would agree to plant a
lot of trees, all over the area, possibly costing $100,000. He then
presented a revised design of the structure showing the changes that
were offered earlier in the meeting, and a revised landscape plan for
the front of the garage to screen the pop -out windows.
Mr. Kent noted that the save decoration and window projections are not
in keeping with Spanish -Mediterranean design, and he agreed that that
the roofed breezeway does add mass to the structure. He stated that he
would recommend a denial, adding that one of the 2 car garages is
attached to the house which does provide a measure of protection from
the elements. Mr. Kent later questioned if there is any way to provide
shelter and maintain the trellis, and if the 15' of setback area on the
north side is large enough to accommodate extensive large planting.
Mr. Lahage acknowledged that there are several ways to cover the
trellis, but they would be third rate for a structure such as this.
Regarding the planting area, Mr. Lahage assured that the 15' would be
more than adequate for large, extensive planting.
Vice Chairman Devitt felt that the trellis work separates the buildings
and was inclined not to approve this request.
Mr. O'Neal observed that the project is maxed out at this time and the
roofed breezeway only adds to the mass.
Mrs. Winston stated that this is not a low-key house and this just adds
more barrel tile.
Mr. O'Neal moved to recommend denial of the Special Exception to permit
the proposed breezeway additions to exceed the maximum permitted floor
area, based on the plans and documents submitted by the applicant and a
finding that the additions add to the overall complexity and sense of
mass of the structure and therefore fail to meet all applicable specific
and general Special Exception review standards. The motion was seconded
by'Mr. Kent. Roll Call: Mrs. Anderson; AYE, Mr. Kent; AYE, Mr. O'Neal;
AYE, Mrs. Winston; AYE, and Vice Chairman Devitt; AYE.
A motion was made by Mr. Kent to recommend denial of a Level 3
Architectural/Site Plan Review for the breezeway additions based on the
plans and documents submitted by the applicant, and a finding that the
additions fail to meet the criteria necessary to exceed the maximum
Sliding Scale Floor Area Ratio, and therefore fails to meet the
requirements of the Design Manual. Mr. O'Neal seconded the motion.
l_
Regular Meeting & Public Hearing
Architectural Review & Planning Board
November 19, 1997
page 7
Roll Call: Mrs. Anderson; AYE, Mr. Kent; AYE, Mr. O'Neal; AYE, Mrs.
Winston; AYE, and Vice Chairman Devitt; AYE.
VII. Items by Board Members. There were no items by the members.
VIII. Public, Mr. William Lynch, a former Board Member and currently
serving as a Town Commissioner, advised that he had enjoyed
serving on the Architectural Review and Planning Board and wished the
new members well.
IX. Adjournment. Vice Chairman Devitt adjourned the meeting at
9:30 A.M.
Rita L. Taylor, TOClerk
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I � VNI L -I1 RST NAME -MI DOLE NAML I NAME OI' BOARD. COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEL
rHE BOARD. C'OUNC'IL, COMMISSION, AUTHORITY, OR C*0%1.%IITTEE ON
W'HIC'H I SERVE IS A UNIT OF:
CITY I/ COUNTY I ' 01 -HER LOCAL. AGENCY
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NAML OF POLIT'IC'AL SU BUI VISION:
:W1 -uN \\HI(H COrL OCCURRLIT M1' 110.411 ION IS: , /
LL[C''I'IVE APPOIN I'IVL
WHO MUST FILE FORM 8B
I his form is for use by any person serving at ttic 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
\kith 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 la%%' when faced with a measure in which you have a conflict of interest will vary greatly depending
on n 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
ELECTED OFFICERS:
\ person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
n) 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
which 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.
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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.
V person holding an appointive local office otherwise may participate in a matter in which he has it conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, Miether
made by the officer or at his direction.
Il YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
• You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording 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.
f I J,, 11,11 ;$ 1
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
I, hereby disclose that on I- q �)n`%& m 19V
(a) A measure came or will come before my agency which (check one)
inured to my special private gain; or
inured to the special gain of
(b) The measure before my agency and the nature of my interest in the mensure is as follows:
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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, REDUCTIOP
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
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