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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 � III •­- 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. 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. 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: C n U FL, l C- `I_ O F ( �D"Cer--ES T S E, fl y 6,-&c,✓PTS o 7 /�I-ftI . oP-/s 7r+iq�r cq-)ou.L_)t 6,x1—F-� Ta TN € ,uZ)R.Td. I� 1i � I= Date Filed i na 7u , by whom I am retain. R-9,Qo� 7- 1z (9-b G p7A,e- . :T 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. cr rnR+t en - 10 96