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HomeMy Public PortalAbout12/17/1998EN C MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, DECEMBER 17, 1998, AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Chairman Wilson called the meeting to order at 8:30 A.M. II. Roll Call. Present and Howard E. N. Wilson Participating: Hewlett Kent Muriel Anderson Sara Winston Perry O'Neal Absent with Notice: Douglas Hornberger Marjorie McGraw Also Present and Kristin K. Garrison Participating: John Randolph Rita Taylor Mark Marsh Barry Miller Mrs. George Gard Chris Wheeler Candice Heydt Chairman Vice Chairman Board Member Board Member Alternate Member Board Member Alternate Member Town Manager Town Attorney Town Clerk Agent for Sargeant and Monacella Agent for Rubenstein Town Resident Town Resident Town Resident III. Minutes of the Regular Meeting and Public Hearing of 11-19-98. Mrs. Anderson moved and Mr. O'Neal seconded that the minutes be approved as circulated and all voted AYE. u The Additions, withdrawals, deferrals, arrangement of There were no changes to the agenda requested. Announcements. A. Meeting Dates 1. Regular Meeting & 2. Regular Meeting & 3. Regular Meeting & 4. Regular Meeting & 5. Regular Meeting & Chairman announced the above items. Public Hearing 1-28-99 at 8:30 A.M. Public Hearing 2-25-99 at 8:30 A.M. Public Hearing 3-25-99 at 8:30 A.M. Public Hearing 4-22-99 at 8:30 A.M. Public Hearing 5-27-99 at 8:30 A.M. dates. Chairman Wilson asked that all persons who intended to speak at this Public Hearing please stand to take the oath. The Town Clerk administered the oath to Mark Marsh, Mrs. George Gard and Chris Wheeler. The Chairman reported that he had been approached by Mrs. Heydt regarding the matter of the floating docks and that he advised her that he had not had an opportunity to review his agenda. There were no other Ex -Parte Communications reported, except with staff. Regular Meeting & Public Hearing Architectural Review and Planning Board December 17, 1998 page 2 VI. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Mark Marsh, as agent for Mr. & Mrs. Harry Sargeant, the owners of the property located (� at 1420 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as Lots 11, 11A and 12, McLouth Subdivision. Mr. Mark Marsh displayed a color rendering of the proposed structure and distributed color photographs of the existing structure and site. Mr. Marsh explained that this property had recently been divided into two lots and approvals had been given for the construction of two Mediterranean homes. Since that time one of the owners had moved into the existing home and decided that they would renovate and add on to it rather than build a new structure. Mr. Marsh further explained that the home was originally constructed for older people with servants and that the design does not fit the needs of a young and growing family. He advised that it is proposed to remove the west wing, add a three car garage with a second story addition above and add a second story above the bedroom wing. Mr. Marsh advised that he had attempted to keep the entire structure a single story building but that the structure became too long, thus the second story additions were added. He pointed out that the garage doors will not face the street and the second story has been situated in such a way as to provide a one story roof line at the north and east sections to continue the one story roof line on the present structure. In addition to improvements to the structure, a new small pool and a cabana are proposed, and the driveway will be realigned with an island of landscape material added to afford more privacy from the road on the north. Town Manager Garrison complimented Mr. Marsh on the design, adding that this is much more compatible with the area than the previous design. She pointed out that the floor area ratio is well within the limitations, being approximately 63% of the permissible amount. She recommended approval with three conditions attached to transition from previous approvals to the current proposal. OMr. Kent commented that it is a wonderful design and that he is pleased with the rooflines. Chairman Wilson asked how many different eave heights appear on the structure and Mr. Marsh replied that there are just two. a. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the renovation and a partial demolition of the existing Gulf Stream Bermuda style dwelling and the addition of a 3 car garage, partial second story, 2 first floor additions and a pool cabana for a net total addition of 6,323 square feet. Regular Meeting & Public Hearing Architectural Review and Planning Board December 17, 1998 page 3 Mr. Kent moved to recommend approval of a Level 3 Architectural/Site Plan Review, based on a finding that the additions are consistent with Section 66-144(b)(10) and other applicable review standards, subject to the following conditions: 1) A Unity of Title tying lots 11, 11A, and 12 together shall be filed prior to building permit application. 2) Architectural/Site Plan File #97-2 and #97-3 are superceded by this approval. 3) Any existing building permits or permit applications for the two previously approved homes (including B97032529) will be withdrawn as soon a practicable, but no later than application is made for a building permit for the current proposal. Mr. O'Neal seconded the motion. Roll Call: Mrs. Anderson; AYE, Mr. Kent; AYE, Mr. O'Neal; AYE, Mrs. Winston; AYE, and Chairman Wilson; AYE. 2. An application submitted by Mark Marsh, as agent for Mr. & Mrs. Alfred Monacella, owners of the property located at 3138 Gulf Stream Road, Gulf Stream, Florida, which is legally described as Lot 23 and the South 25 feet of Lot 24, Gulf Stream Properties Subdivision. Mark Marsh explained that this home is a smaller home with a great deal of charm and additions are proposed to improve the life style as opposed to demolishing the structure and building a new one. He then distributed photos of the existing structure. Mr. Marsh advised that the two one-story additions would total 900 square feet. One addition will add a new front entry area and the other will expand the master bedroom by extending a non -conforming wall line. He advised that the side setback on the south would currently be 20' so that both side setbacks total 30% of the lot width, but that the existing non- conforming wall is only 17.31. The applicant is requesting a Special Exception to permit the extension since the proposed location is the only logical area for expansion and there are no other practical conforming locations. He then advised that the principal building color will be a pale pink with white trim and roof to match the existing, and that an upgraded circular gravel driveway will be added to the front. Mr. Marsh stated that the structure is a Bermuda/Colonial style and the proposed entry will be simple and elegant with simple wooden posts and a covered portico. He also stated that they are creating elongated windows with a stucco blind panel below each and shutters on each side of the windows. Mr. Marsh explained that there are sliding glass doors on the west and they are proposing French doors, but with no muntins. Mr. Marsh closed his presentation by requesting on behalf of the owner that they be permitted to extend the fencing required for a pool enclosure across the 10' abutting alley. He explained that this alley portion is being maintained as a part of the rear yard at this time and they had hoped to be able to include it in the fenced area. Mr. Marsh assured that there would be gates installed to permit the necessary access to the alley area. Regular Meeting & Public Hearing Architectural Review and Planning Board December 17, 1998 page 4 Town Manager Garrison explained that the County's pool code requires a 5 -foot high pool enclosure surrounding the pool and that a 10' wide alley exists to the rear of this property which has always given the appearance of being part of the rear yard. She reported that she has conferred with the Town's utility consultant and there are strong reservations about this request for the following reasons: 1) The proposed gates would set a precedent and would likely prompt similar requests from other residents who back up to the alley. The presence of gates would significantly hinder the reading of water meters which are located along the alley, and will affect access to water lines under the alley right-of-way. 2) There are also equity issues associated with allowing one abutting landowner to fence in the entire width of a public alley. This would likely raise further fairness questions in the future as additional residents come in with similar requests. Chairman Wilson advised he would be uncomfortable with fencing the alley and was also concerned about setting a precedent. Mr. Marsh said that they would accept this decision. Mrs. Garrison recommended approval of the special exception for the following reasons: 1) The addition is only one story in height. 2) The existing 17.3' setback on the south side would be sufficient but for the fact that the setback on the other side (north) is only 14.1 feet, resulting in a combined side setback of less than the required 30% of lot width. 3) A very tall hedge surrounds the site, serving as a buffer to adjacent properties. 4) No purpose would be served by requiring that the small southern addition be set back 5' more than the existing home. 5) Continuing the existing setback will make the addition look more consistent with the existing home. Mr. Kent questioned if they propose to cut the windows lower and Mr. Marsh replied that they would cut them approximately one foot lower and then have the blind panels below. Mr. O'Neal stated that he was pleased that this charming home is not being destroyed. a. SPECIAL EXCEPTION to permit the extension of a non- conforming wall line. Mrs. Anderson moved and Mr. Kent seconded the motion to recommend approval of the Special Exception for additions to a structure with existing non -conforming setbacks, based on a finding that the application meets special exception review criteria and standards for review as detailed in the recommendation of the Town Manager stated earlier in the hearing. Roll Call: Mrs. Anderson; AYE, Mr. Kent; AYE, Mr. O'Neal; AYE, Mrs. Winston; AYE, and Chairman Wilson; AYE. b. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the construction of two additions to the existing single family dwelling consisting of 900 square feet. Regular Meeting & Public Hearing Architectural Review and Planning Board December 17, 1998 page 5 Mrs. Anderson moved to recommend approval of a Level 3 Architectural/Site Plan Review based on a finding that the proposed plans are consistent with special exception review criteria, and other applicable review standards, and based on the condition that the required 5' pool enclosure shall be placed outside of the alley right- of-way. The motion was seconded by Mr. O'Neal. Roll Call: Mrs. Anderson; AYE, Mr. Kent; AYE, Mr. O'Neal; AYE, Mrs. Winston; AYE, and Chairman Wilson; AYE. 3. An application submitted by Barry Miller of Savino & Miller Design Studio, as agent for Mark & Barbara Rubenstein, the owners of the property located at 1221 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as Lot 9, Block D, Revised Plat of Block D & E, Palm Beach Shore Acres Subdivision. Mr. Barry Miller received the Oath from the Town Clerk. Mr. Miller displayed pictures of the existing site and a color rendering of the landscape site plan showing what is being proposed. He explained that they are removing Brazilian pepper and replacing it with green buttonwood as well as relocating some existing trees to the new entry feature. New vegetation will also be added to the feature. Turning to the matter of the proposed courtyard, Mr. Miller stated that the owner proposes to construct a small formal courtyard in a nitch on the north side of the property. Due to the extreme variation in elevation from the parking area to the entrance of the dwelling, the courtyard is being planned at approximately half way in between with there being 5 steps from the parking area to the courtyard and 5 more from the courtyard to the entrance. The north wall of the courtyard is proposed to be six and one half feet high above the floor of the courtyard. The total height of the wall will be 8' above the grade of the adjoining property on the north after being measured from a one and one half -foot berm. Mr. Miller explained that this wall will only be 30' long and will be set back 3' from the north property line with landscaping material in front of the wall to soften the impact. He advised that he had furnished the property owner to the north, Mr. & Mrs. Donaty, with a copy of the survey and their concerns had been that there be no storm runoff on to their property, that the wall be properly landscaped and that their common property line not be encroached. In closing, he advised that the existing hedge would be removed. Mr. Kent asked if the home on the north sees the home on the south and if so, could higher plants be planted inside the proposed wall. Mr. Miller replied that this is uncertain but Mr. Rubenstein is also concerned about this and has advised that if more privacy is required from the second floor, he will be adding vegetation to achieve this. Regular Meeting & Public Hearing Architectural Review and Planning Board December 17, 1996 page 6 Town Manager Garrison stated that she recommends granting the AlA Vegetative Disturbance Permit subject to the following condition: 1) The owner agrees to take responsibility for irrigation and maintenance of all landscape materials in the right-of-way. OWith regard to the courtyard, the Town Manager advised that walls do not ordinarily come before the board for review. However, due to there being some concerns expressed by the property owner to the north and some question about where the measurement for the wall height should begin -from existing grade, proposed grade, or based on the home's finished floor elevation -she believed that Planning Board approval was necessary. Mrs. Garrison advised that based on her experience, the most frequently used reference point is the existing grade adjacent to the proposed wall. Mrs. George Gard was recognized and stated that she resides on the property to the north and Dr. & Mrs.Donaty have asked her to represent them at this meeting. She stated that the owners are not concerned about the height of the wall provided it is screened with landscape material. Their concern is that there be no encroachment across the property line. She pointed out that the existing hedge is planted beyond the property line and the Donaty's are opposed to any approvals being given prior to a resolution of the property line dispute, and added that a new survey has been made which shows the encroachment. She further pointed out that the Rubenstein beach access is shown across the Donaty property and that the entry gate at the front of the property should have been 30' from the front property line but is 3317". Chairman Wilson observed that the wall and vegetation questions have been addressed. Attorney Randolph advised that the Town is not involved in any easement disputes but that the Town could require that the wall and new plantings are within the property lines of the Rubenstein property. Barry Miller assured that all improvements will be on the Rubenstein property and that the encroaching hedge that currently exists will be removed. G a. AlA VEGETATIVE DISTURBANCE PERMIT to permit driveway realignment and landscaping within the 50' North Ocean Boulevard Corridor. Mr. O'Neal moved and Mr. Kent seconded that based on a finding that the application meets all applicable code requirements, and will be consistent with the AlA landscape project, the AlA Vegetative Permit be granted with the following condition: 1) The owner agrees to take responsibility for irrigation and maintenance of all landscape materials in the right-of-way. Roll Call: Mrs. Anderson; AYE, Mr. Kent; AYE, Mr. O'Neal; AYE, Mrs. Winston; AYE, and Chairman Wilson; AYE. b. LEVEL 2 ARCHITECTURAL/SITE PLAN REVIEW to permit Regular Meeting & Public Hearing Architectural Review and Planning Board December 17, 1996 page 7 construction of a courtyard with 8' walls and site lighting. Mr. O'Neal moved and Mrs. Anderson seconded that, based on a finding that the proposed improvements are consistent with all applicable codes, Oa Level 2 Architectural/Site Plan Review be approved with the following conditions: 1) Opaque landscape screening will be planted along the north side of the wall to conceal its view from the north. 2) The landscape material shall be maintained so as not to encroach on the adjacent property to the north. Roll Call: Mrs. Anderson; AYE, Mr. Kent; AYE, Mr. O'Neal; AYE, Mrs. Winston; AYE, and Chairman Wilson; AYE. VII. Items by Staff. A. Floating docks Town Manager Garrison advised that it has come to her attention that there are flotation devises being used as docks for small boats and jet skies. She further advised that floating docks are prohibited by code. However, several residents believe that this prohibition was not intended for these small flotation devises, pointing out that these are preferable to hanging the skies and small boats from a davit. Chris Wheeler advised that he recently purchased this product and another resident already had one. He requested that this section of the Code be reviewed and offered to write the language for a Code change that would permit this type of product but with some restrictions such as size and placement, and possibly color. Mr.O'Neal questioned if permitting these will invite a proliferation of jet skies. Mr. Wheeler did not believe this will happen as most of the residents in Gulf Stream would not be interested in riding jet skies. Candice Heydt advised that they have had jet skies docked on one of these flotation devises that they purchased several years previously at the Ft. Lauderdale Boat Show and it has not been questioned before. She agreed with Mr. Wheeler, remarking that they expect to be disposing of the jet skies in the near future, as the children are to the age where Jthey are loosing interest in them. Chairman Wilson agreed these are a great alternative to the davits but believed there should be some restrictions, especially regarding size. The Town Manager suggested that she include this on the list of Code items for review and the board agreed. It was further agreed that the residents be permitted to continue the use of these flotation devises until such time as the review of the Code is completed, since the interpretation of "floating dock" is questionable. B. Potential Items for 1999 Gulf Stream Design Manual Revisions I Regular Meeting & Public Hearing Architectural Review and Planning Board December 17, 1998 page 8 Town Manager Garrison called attention to the list of items she had compiled as a result of questions that have arisen over the past two years in administering the Code. She suggested that the Board begins a ©review of them and if amendments are found to be necessary, recommendations be made to the Town Commission. Mrs. Garrison further suggested that the review begin at the January meeting and that the Board members advise her if they know of additional items that should be added to the list. The Town Manager was hopeful that the review could be completed by the end of April. The Board was in full agreement with the Town Managers suggestions. VIII. Items by Board Members. There were no items by the members. IX. Public. There was no public comment. X. Adjournment. Chairman Wilson adjourned the meeting at approximately 10:00 A.M. 2YO � Rita L. aylor, gown Clerk