HomeMy Public PortalAbout09/27/2001MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE
ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM,
FLORIDA ON THURSDAY, SEPTEMBER 27, 2001, AT 8:30 A.M., IN THE TOWN HALL,
100 SEA ROAD, GULF STREAM, FLORIDA.
I. Call to Order. Chairman Wheeler called the meeting to order at
8:30 A.M.
II. Roll Call.
Present and Chris Wheeler
Participating: Hewlett Kent
Muriel Anderson
Charles Frankel III
Cynthia Neeves
Also Present: Anne Strawn
Absent with
Notice: Perry O'Neal
Also Present and William Thrasher
Participating: John Randolph
Rita Taylor
Peter Ince
Ingrid Kennemer
Kevin Borkerhagen
Anthony Pugliese
Elmar Benavente
John Lang
Rob Dittman
Ray Balassiano
Richard Hasner
Paul Horschel
Chairman
Vice Chairman
Board Member
Board Member
Alternate Member
Alternate Member
Board Member
Town Manager
Town Attorney
Town Clerk
Agent for Wynn
Applicant
Agent for Kennemer
Applicant
Agent for Pugliese
Landscape Archit.
Attny. for Fahmy
Agent for Fahmy
Contr. For Fahmy
Roofing Contr.
III. Minutes of the Regular Meeting and Public Hearing of 6-21-01.
Mrs. Anderson moved and Mr. Frankel seconded that the minutes be
Approved as circulated and all voted AYE.
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
Town Manager Thrasher requested that Item VII.A. be heard as the
first item in the Public Hearing. There were no objections.
V. Announcements.
A. Meeting Dates
1. Regular Meeting & Public
2. Regular Meeting & Public
3. Regular Meeting & Public
There were no objections to any of the
directed that there always be shown the
VI. PUBLIC HEARING
Hearing, 10-25-01 @ 8:30 A.M.
Hearing, 11-15-01 @ 8:30 A.M.
Hearing, 12-20-01 @ 8:30 A.M.
above dates. Chairman Wheeler
dates of the next 6 meetings.
Chairman Wheeler asked if any of the Board Members had ex -parte
communications to declare. Mr. Frankel advised that he had spoken to
Attorney Dittman regarding the Fahmy application. Mrs. Anderson stated
she had also spoken to Mr. Dittman regarding the Fahmy application as
Architectural Review & Planning Board
Public Hearing -September 27, 2001 page 2
well as the Place Au Soleil Association and the staff. Mr. Kent advised
he had visited the Pugliese site.
The Town Clerk then administered the Oath to Peter Ince, Kevin
Borkerhagen, Ingrid Kennemer, Anthony Pugliese, John Lang, Elmar
Benavente and Rob Dittman.
Item VII. Related to a previous approval for 1511 N. Ocean Blvd.
involving an amended railing design, amended gate location and amended
gate design was considered at this time.
Peter Ince displayed drawings of the requested railing and gate designs,
pointing out that the railings on the guest house, main house and gate
will all be the same, a less complex design than was originally
approved. He further pointed out that originally the gate was set 46'
inside the property in order to provide a parking area outside the gate.
The requested change will eliminate this parking area and landscaping
will be installed, with the gate being moved toward the front property
line. The members of the Board felt all of the requested changes were
improvements to the design. Mrs. Anderson moved and Mr. Frankel
seconded that the requested amendments be approved. Roll Call: Mrs.
Anderson; AYE, Mr. Kent; AYE, Mr. Frankel; AYE, Mrs. Neeves; AYE and
Chairman Wheeler; AYE.
A. Applications for Development Approval
1. An application submitted by David Frank, as Agent for A.
Hopkins and Ingrid Kennemer Jr., the owners of property
located at 810 Tangerine Way, Gulf Stream, Florida, which
is legally described as Lot 17, Place Au Soleil
Subdivision.
Kevin Borkerhagen Agent for Mr. & Mrs. Kennemer displayed drawings of
the site plan and elevations and explained that all setbacks have been
met. He advised he would be happy to answer any questions.
Mrs. Anderson noted that the Town Manager has listed some suggested
modifications that she believed would enhance the design.
At the request of Chairman Wheeler, Mr. Thrasher stated that he felt the
design meets the minimum intent of the Code but is suggesting the
following would tend to better distinguish the structure as a Gulf
Stream Bermuda style: 1) Change the roof pitch from 4:12 to 5:12; 2)
Replace Hex shaped windows on the front and right elevations with a
rectilinear form with multi -panes; 3) Add the same style shutters to
side elevations to unify architectural detailing; 4) Replace solid flush
door with a multi -panel door more typical of Gulf Stream -Bermuda style;
5) Add decorative Quoins as a corner treatment; 6) Utilize exposed
rafter tails to enhance style; 7) Change the horizontal panel garage
doors to rectangular panel garage doors to unify architectural
detailing.
Architectural Review & Planning Board
Public Hearing -September 27, 2001
page 3
Mr. Kent advised that central massing is encouraged with two-story
structures with the second floor being stepped back. He observed that
it is a little late to redesign. He also observed that the hex shaped
windows appear to be out of proportion.
Mr. Borkerhagen advised that Mr. & Mrs. Kennemer agree to all of the
�) suggested modifications except eliminating the hex windows, adding
exposed rafter tails and adding shutters to the side elevations.
Mrs. Kennemer explained that they intend to add a canvas awning to the
rear and felt shutters would not look good with the awning. She further
stated that the side elevations would not be seen. With regard to the
windows, Mr. Kennemer stated that the large hex windows were to provide
light in the foyer.
Chairman Wheeler suggested that perhaps Mrs. Kennemer would be willing
to replace the large hex windows with large rectangular windows and
replace the small rectangular window on the front with a small hex
window. He felt this would bring balance to the design and still
provide the desired light in the foyer.
Mrs. Kennemer stated she would discuss this and the matter of placing
shutters on the side elevations with Mr. Kennemer.
All members urged Mrs. Kennemer to place shutters on the sides to match
the front, pointing out that the Code provides that there should be
consistency on all elevations.
a. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW -To permit the
construction of a two-story Gulf Stream Bermuda style
single family dwelling consisting of square feet.
Mrs. Neeves moved and Mrs. Anderson seconded to recommend approval of a
Level 3 Architectural/Site Plan based on a finding that the proposed
home meets the minimum intent of the Design Manual, and applicable
review standards with the conditions recommended by staff as follows:
1) The finished floor elevation shall be determined by spot elevations
and certified to comply with the code; 2) Pool safety barriers shall be
installed to conform to current codes; 3) Roof tiles shall be "flat,
white, cement tiles"; 4) Color samples shall be provided for approval of
staff. Roll Call: Mrs. Anderson; AYE, Mr. Kent; AYE, Mr. Frankel; AYE,
Mrs. Neeves; AYE and Chairman Wheeler; AYE.
b. LAND CLEARING PERMIT to remove existing trees from the
building pad.
Mr. Kent moved and Mrs. Anderson seconded to recommend approval of a
Land Clearing Permit. Roll Call: Mrs. Anderson; AYE, Mr. Kent; AYE, Mr.
Frankel; AYE, Mrs. Neeves; AYE, and Chairman Wheeler; AYE.
2. An application submitted by Randall Stofft, as Agent for
Anthony Pugliese, owner of the property located at 3145 N.
Ocean Blvd., Gulf Stream, Florida, which is legally
described as the south 313.03 ft. of Lot 3, Gulf Stream
Ocean Tracts Subdivision.
Architectural Review & Planning Board
Public Hearing -September 27, 2001 page 4
Mr. Elmar Benavente, agent for Mr. Pugliese in the absence of Mr.
Stofft, reminded that at the informal review in June the Board had
indicated that they would be pleased if this structure could be
preserved. He pointed out that the home was originally constructed in
the 1920's and could not adequately fulfill the needs and lifestyle of a
family of today. Mr. Benavente called attention to the pool house that
is shown as a new addition on the east side of the property which
' encroaches into the rear setback, and explained that this encroachment
results due to continuing the east wall of the existing nonconforming
structure. It was determined that architecturally; this would be the
best location for the addition.
Mr. Benavente then addressed the need for the construction of a three -
car garage with staff quarters on the second floor. He advised that the
existing garage was small by current standards and additional storage
space is needed for maintenance equipment, children's toys, etc.
Mr. Pugliese was recognized and stated that he had originally purchased
this property with the thought of dividing it into two lots and
constructing two houses. After speaking with several persons who
suggested that he might want to consider renovating this historic
structure, he determined that he would like to keep the structure, but
only if it could be upgraded to fit his current needs. He pointed out
that they are also adding a wing with a master suite and loggia in this
plan. Mr. Pugliese stated that the existing garage has a low ceiling on
both stories with the second floor having a ceiling that not only is
low, 6;i' to 7 &i' high, but slopes as well. He advised that he could not
ask anyone to live in this space, which is why the new garage would have
staff quarters on the second floor.
Mrs. Anderson asked what the existing garage is to be used for and Mr.
Pugliese replied that it would be for storage.
Mr. Pugliese further stated that he realized that 2,401 square feet over
the maximum floor area ratio that is permitted is a considerable amount.
But, he felt that the total addition of 8,495 square feet was the least
amount that would accommodate the family's needs and lifestyle. He
pointed out that the total FAR that would be permitted if the property
were to be developed with two dwellings would be 26,130 square feet.
The maximum FAR permitted on the property with one dwelling is 23,530
square feet, 2,600 square feet less. Mr. Pugliese noted that his
variance request of 2,401 square feet is still 199 square feet less than
if the property were to be developed as two lots.
Mr. Kent and Mrs. Strawn agreed that a single house must be justified on
a single lot. Chairman Wheeler did not believe this to be the minimum
variance that will make possible reasonable use of the property.
With regard to the use of the existing garage, Chairman Wheeler pointed
out that areas in attics that cannot be used for living area shall not
be included in the FAR calculation if the ceiling height does not exceed
Architectural Review & Planning Board
Public Hearing -September 27, 2001 page 5
614' and there are no windows. He noted that there are windows in this
area that are architecturally necessary but that they could be covered
on the inside with sheet rock to render the space uninhabitable. He
then asked the applicant and the architect how many square feet would be
included in the area that has the 6;1' ceiling and they replied that
there are 1,200 square feet in that area. Chairman Wheeler observed
that if these figures are accurate, the variance request would be
reduced to 1,201 square feet as opposed to 2,401 sq. ft.
Mr. Benavente introduced Mr. John Lang the Landscape Architect. Mr.
Lang explained that the front entrance that is proposed has been
redesigned in that both gates have been moved farther into the property
so that two vehicles can pull off of AlA in front of the gate. He had a
prospective from AlA with the landscaping in place which indicated that
nothing within the property lines could be seen from AlA except the
front entry feature of the home, looking through the gate. Mr. Lang
explained that there is an 8' high wall along the front and both sides
of the property and Mr. Pugliese has instructed that the landscaping is
to be planned so as to make the entire property private. He called
attention to the various landscape features, swimming pools, swan ponds,
waterfalls, spas, play structure and moats. Mr. Lang advised that the
play equipment and checker board have been moved out of the 50' AlA
Corridor and the water features have been moved out of the side setbacks
with the exception of the moat along the east side which is covered in a
variance request.
Chairman Wheeler asked which water feature is the tallest and Mr. Lang
advised that it is the main waterfall. Chairman Wheeler then asked what
the elevation was at the pool deck below the waterfall. He was
concerned that this not be considered an above ground pool.
Mr. Lang advised that the property has a natural grade change of
approximately 36" and that top of the pool is 3' below grade. The
height of the waterfall structure, which also houses the pool equipment,
is 10' high but the lower 3' is below grade. He explained that the top
of the waterfall will be below the top of the existing 8' perimeter wall
and will not be seen off premises, as will all other features.
Mr. Pugliese addressed the matter of the spa and fountain within the
rear setback and beyond the CCCL. He pointed out that this being ocean
�i front property, it is natural to take advantage of the view and he did
not feel it unreasonable to enjoy the view while sitting in the spa.
The Board pointed out that the spa could be located farther to the
south, out of the setback, and enjoy the same view. Mr. Pugliese
advised that the location of the spa in the center is in line with the
breezeway and gazebo, which is more esthetically pleasing.
With regard to the moat within the rear setback, Mr. Pugliese advised
that this moat is only 3' deep and is a part of the pool house addition.
He stated that if he just dug a ditch and lined it with a plastic liner,
Architectural Review & Planning Board
Public Hearing -September 27, 2001 page 6
no variance would be needed. Instead, he preferred to construct a
reinforced concrete liner like the other portions of the proposed moat.
Attorney Randolph explained that installing the reinforced concrete
would require a building permit and the moat would be classed as a
structure. A ditch with a plastic liner would not require a permit and
C� would not be considered a structure.
Chairman Wheeler asked Town Manager Thrasher to present the staff
recommendations.
Mr. Thrasher advised that staff recommends approval of the Special
Exception to allow extending the pool house into the 15' rear setback
approximately 8' in that the Code recognizes the continuation of a
nonconforming existing wall and this request meets the standards for
approval.
With regard to the three variance requests, Mr. Thrasher stated the
staff recommends denial in that it was felt that a hardship had not been
proven, and the request to exceed the maximum FAR by 2,401 square feet
was excessive. While it is true that the residence sits on 2 lots, one
of the primary objectives of the Design Manual is to address the impacts
of larger houses on aggregated lots. Staff suggested options should be
considered to reduce the square footage.
The Town Manager advised that staff recommended approval of an AlA
Corridor Permit to relocate the gates and install a paver driveway,
provided the play structure is moved out of the 50' setback.
Mr. Thrasher reported that the staff recommended approval of the Level 3
Architectural/Site Plan with the following conditions: 1) The floor area
shall be reduced by 2,401 square feet; 2) The rear spa and fountain
presently located within the rear setback would be eliminated or
constructed outside of the setback line; 3) The moat presently located
within the rear setback shall be constructed outside of the setback
line; 4) The water feature stairs and slide shall be moved outside of
the required 15' setback; 5) Patios, decks and pools shall have no
elevation greater than 8" above grade with spot elevations to be
provided indicating that this condition has been met; 6) Pool safety
barriers shall be installed to conform to current codes.
In closing, Mr. Thrasher listed requirements that must be met prior to
issuance of a Building Permit and he asked that they be made a part of
the record. These are: 1) A septic system must be approved by the Palm
Beach County Health Unit; 2) Drainage Plans shall be prepared and sealed
by a Registered Engineer demonstrating no adverse impact to the adjacent
properties; 3) DEP coastal construction review and permit for all
construction seaward of the 1998 CCCL along with a copy of the approved
construction drawings shall be provided to the Town; 4) FDOT Driveway
Permits and the necessary removal agreement(s) with a complete copy of
the FDOT approved construction drawings shall be provided to the Town;
Architectural Review & Planning Board
Public Hearing -September 27, 2001 page 7
5) A Construction Traffic Management Plan shall be submitted for review
and approval by the Gulf Stream Police Department.
a. SPECIAL EXCEPTION to permit the addition of a pool
house to the existing structure with a nonconforming
rear setback.
Mr. Kent moved and Mr. Frankel seconded to recommend that the Special
Exception be granted based on the finding that the standards for review
have been met. Roll Call: Mrs. Anderson; AYE, Mr. Kent; AYE, Mr.
Frankel; AYE, Mrs. Neeves; AYE and Chairman Wheeler; AYE.
b. VARIANCES
(1) To permit construction of a pool house and a two-
story 3 car garage with staff quarters that would
exceed the maximum permitted floor area ratio by
2,401 square feet.
Based on previous discussion, Mr. Kent moved to recommend approval of a
variance to exceed the maximum permitted floor area ratio by 1,201
square feet, provided the ceiling of the second story of the existing
garage does not exceed Oil in height and all windows are covered on the
inside to become a part of the wall, thus meeting the definition of an
attic. The motion was seconded by Mr. Frankel. Roll Call: Mrs.
Anderson; AYE, Mr. Kent; AYE, Mr. Frankel; AYE, Mrs. Neeves; AYE and
Chairman Wheeler; AYE.
(2) To permit construction of a spa/fountain within
the required 15 foot rear setback and seaward of
the rear property line and Coastal Construction
Control Line.
Mr. Kent moved to recommend that this request be denied in that there
are other locations on the property for the spa that are in conformity
with the Code. Mrs. Anderson seconded the motion. Roll Call: Mrs.
Anderson; AYE, Mr. Kent; AYE, Mr. Frankel; AYE, Mrs. Neeves; AYE and
Chairman Wheeler; AYE.
(3) To permit construction of a moat that is located
within the required 15 foot rear setback.
Mr. Frankel moved to recommend that the variance be granted, observing
that the moat is below grade and not in opposition to the intent of the
Code. Mr. Kent seconded the motion. Roll Call: Mr. Kent; AYE, Mr.
Frankel; AYE, Mrs. Neeves; AYE, Mrs. Anderson and Chairman Wheeler voted
NAY, stating that they did not feel a hardship had been proven.
c. NORTH OCEAN BLVD. OVRLAY DISTRICT PERMIT for the re-
location eastward and replacement of the entrance
gate, and resurfacing of the driveway with pavers.
Mrs. Anderson moved and Mr. Frankel seconded to recommend approval of a
North Ocean Blvd. Overlay District Permit to permit the relocation
eastward and replacement of entrance gates, and resurfacing of the
driveway with pavers provided the play structure is moved out of the 50'
setback and that it cannot be seen from AlA. Roll Call: Mrs. Anderson;
AYE, Mr. Kent; AYE, Mr. Frankel; AYE, Mrs. Neeves; AYE and Chairman
Wheeler; AYE.
Architectural Review & Planning Board
Public Hearing -September 27, 2001 page 8
d. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit:
(1) Architectural renovations to existing Mediter-
ranean Revival style structure.
(2) Construction of an attached pool house and master
wing with loggia, and a two story, 3 car garage
with staff quarters above for a total of 8,495
square feet.
(3) Relocation and replacement of entrance gate and
installation of a paver driveway surface.
(4) Construction of 2 swimming pools, moats, spas,
swan ponds, waterfalls with grotto, 20' tunnel
and playground equipment.
Mrs. Anderson moved to recommend approval of the Level 3
Architectural/Site Plan Review based on a finding that the proposed
plans are consistent with applicable review standards, subject to the
following conditions: 1) The floor area ratio shall be reduced by 1,200
square feet as provided in the granting of the variance; 2) The rear spa
and fountain presently located within the rear setback shall be
eliminated or installed to conform to the Code; 3) The water feature
stairs and slide shall be moved outside of the required 15' setback; 4)
Patios, decks and pools shall have no elevation greater than 8" above
grade and spot elevations shall be provided indicating that this
condition has been met; 5) Pool safety barriers shall be installed to
conform to current codes; 6) Landscape material shall be installed to
assure that none of the minor accessory structures and recreational
structures and features shall be visible from State Road AlA or adjacent
property. The motion was seconded by Mr. Kent. Roll Call: Mrs.
Anderson; AYE, Mr. Kent; AYE, Mr. Frankel; AYE, Mrs. Neeves; AYE, and
Chairman Wheeler; AYE.
3. An application submitted by Raymond Balassiano as Agent
for Safwat Fahmy, owner of the property located at 2500
Avenue Au Soleil, Gulf Stream, Florida, which is legally
described as Lot 53, Place Au Soleil Subdivision.
The Clerk administered the Oath to Raymond Balassiano, Richard Hasner
and Paul Horschel.
Attorney Dittman, as agent for Mr. Fahmy, explained that the existing
structure has an asphalt shingle roof. Extensive renovations are
planned, and have been approved, which include a new roof. He further
�• explained that the owner had wanted a barrel tile roof but the structure
is not strong enough to support this material which led to a decision to
use a wood shake roof. Mr. Dittman stated that subsequent to the
approvals, Mr. Fahmy had discovered a rather new roofing material,
manufactured by Dura-loc Roofing Systems, that has the appearance of
barrel tile or wood shakes. He added that this is a lightweight
panelized roofing system that will withstand 120 MPH winds and carries a
50 -year warranty. Mr. Dittman reported that Mr. Fahmy will have very
expensive furnishings in the home and is anxious that they be protected.
The owner does not believe that the roof that has been approved will
lend the protection he is seeking for either himself or the furnishings.
Architectural Review & Planning Board
Public Hearing -September 27, 2001 page 9
Chairman Wheeler noted that the panels are made of metal with a granular
coating and that the current code prohibits the use of metal roofs. He
commented that this is an interesting product and perhaps should be an
accepted material but, at this time, it is prohibited.
C) Paul Horschel, a roofing contractor who installs this product was
recognized. Mr. Horschel vehemently insisted that this is not a metal
roof but rather blended ceramic granules bonded and sealed to formed
galvalume panels. He maintained that if the roof gives the appearance
of barrel tile, then it meets the Code.
Chairman Wheeler asked Mr. Thrasher for the staff recommendation. Mr.
Thrasher recommended that the variance request and the Level 3
Architectural/Site Plan Approval be denied in that the proposed roofing
material does not meet the applicable review standards.
Members of the Board were in agreement that this is a metal roof and as
such is currently prohibited in the Code. Mrs. Anderson advised that
the Place Au Soleil Homeowners Association is opposed to the use of the
material.
Mr. Ray Balassiano, architect and agent for Mr. Fahmy presented a
summary of the history of this product and then asked if were possible
to have a code change to include this material.
The Town Manager advised that this is a lengthy process and the current
code had been revised approximately 1 year previously. Attorney
Randolph advised that code changes do not usually occur when there is
only one item, or section of the code to consider. However, if the Town
Commission wanted to do this, it would not be illegal.
a. VARIANCE to permit installation of a metal fabricated
roof tile in place of the previously approved wood
shakes.
Mrs. Anderson moved to recommend denial of the variance in that a
hardship has not been proven since there are other roofing materials
available that will reasonably protect the interior of the structure.
The motion was seconded by Mrs. Neeves. Roll Call: Mrs. Anderson; AYE,
Mr. Kent; AYE, Mr. Frankel; AYE, Mrs. Neeves; AYE and Chairman Wheeler;
AYE.
b. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW AMENDMENT to
replace the previously approved wood shake roof on the
existing two-story contemporary structure with metal
fabricated roof tile.
Mrs. Anderson moved and Mr. Kent seconded that it be recommended to deny
approval of the Level 3 Architectural/Site Plan review amendment in that
the roofing material that is proposed does not meet the applicable
review standards. Roll Call: Mrs. Anderson; AYE, Mr. Kent; AYE, Mr.
Frankel; AYE, Mrs. Neeves; AYE and Chairman Wheeler; AYE.
Architectural Review & Planning Board
Public Hearing -September 27, 2001 page 10
VII. Items related to previous approval.
A. 1511 N. Ocean Blvd.
1. Amended railing design
2. Amended gate location & related landscaping
3. Amended gate design
This item was considered earlier in the meeting.
VIII. Items by Staff. There were no items by staff.
IX. Items by Board Members. There were no items from the Board.
X. Public. There was no comment from the public.
XI. Adjournment. Chairman Wheeler adjourned the meeting at 11:10 A.M.
Rita L. Taylor, Town Clerk