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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