HomeMy Public PortalAbout02/21/2002MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE
ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM,
FLORIDA ON THURSDAY, FEBRUARY 21, 2002, 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
C) Participating: Hewlett Kent
Muriel Anderson
Charles Frankel III
Perry O'Neal
Also Present: Anne Strawn
III
Absent with
Notice: Cynthia Neeves
Also Present and William Thrasher
Participating: John Randolph
Rita Taylor
Sally Gingras
Mark Marsh
John Immer
David Hosokawa
Chairman
Vice Chairman
Board Member
Board Member
Board Member
Alternate Member
Alternate Member
Town Manager
Town Attorney
Town Clerk
Agent for Fogarty
Agent for Sargeant
Attny. For Sargeant
Town Resident
Meeting and Public He
Mrs. Anderson moved and Mr. Frankel secon
approved as circulated and all voted AYE.
-24-02.
minutes be
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
There were no requests for changes in the agenda.
V. Announcements.
A. Meeting Dates
1. Regular Meeting & Public Hearing 3-21-02 @ 8:30 A.M.
2. Regular Meeting & Public Hearing 4-25-02 @ 8:30 A.M.
3. Regular Meeting & Public Hearing 5-23-02 @ 8:30 A.M.
4. Regular Meeting & Public Hearing 6-27-02 @ 8:30 A.M.
5. Regular Meeting & Public Hearing 7-25-02 @ 8:30 A.M.
6. Regular Meeting & Public Hearing 9-26-02 @ 8:30 A.M.
Chairman Wheeler called attention to the above dates and there were no
Jchanges requested.
VI. PUBLIC HEARING.
Chairman Wheeler asked if any of the board Members had ex -parte
communications to declare.
Mrs. Anderson advised she had spoken to the architect and to the staff
regarding the Sargeant application. Mr. O'Neal reported he had talked
with the Fogarty's. Mr. Wheeler stated he had visited the Fogarty site
and the Sargeant site.
Regular Meeting & Public Hearing
Architectural Review & Planning Board
February 21, 2002
page 2
The Town Clerk administered the Oath to Sally Gingras, Mr. & Mrs.
Fogarty, Mark Marsh, John Immer and David Hosokawa.
A. Applications for Development Approval
1. An application submitted by Sally Gingras, as Agent for
John T. Fogarty, owner of the property located at 2918 N.
Ocean Blvd., Gulf Stream, Florida, which is legally
described as Lot 42 and the south 45' of Lot 41, Gulf
Stream Properties Subdivision.
Ms. Gingras, Agent for Mr. Fogarty, advised that the existing structure
was designed by John Volk and the owner wants to preserve the dwelling
but modernize it and construct an addition to accommodate a growing
family. She stated that the home has no air conditioning and that
everything in the home is the original, including the plumbing. Ms.
Gingras pointed out that this is a large parcel and the proposed lot
coverage will be only 10.7% with 82% open space. She added that the
Code will permit a floor area ratio twice the size of that which is
proposed. Ms. Gingras stated that the structure consists of distinct
roof elements and the addition will be integrated with the existing
structure using the same type of element, and will be finished with
stucco. The addition will consist of a garage and workshop on the
first floor with guest accommodations on the second floor. The
existing garage will be converted into a studio. It is also proposed
to rebuild the terrace on the front, changing the entry from one end of
the terrace to two entries through the front wall of the terrace. In
addition, the garage doors will be on the side and an access driveway
off Gulf Stream Road is planned which will necessitate the demolition
of an existing storage shed. Ms. Gingras closed her presentation by
pointing out that there is lush vegetation around the entire parcel.
The recommendation from the Town Manager was that the application be
approved as presented.
All of the members of the ARPB were pleased that the structure is being
saved and complimented Ms. Gingras on the design of the improvements.
a. LEVEL 3 ARCHTECTURAL SITE PLAN REVIEW to permit a
two-story addition to the existing one and two story
Gulf Stream Bermuda style dwelling consisting of 2,200
square feet, with the first floor to be a garage and
workshop and living accommodations on the second
_) floor, and to further permit the demolition of a small
utility shed.
Mr. Frankel moved and Mrs. Anderson seconded to recommend approval of
the Level 3 Architectural Site Plan Review, based on a finding that the
proposed addition of a garage and workshop with guest accommodations,
and renovations to an existing garage and terrace, meet the minimum
intent of the Design Manual and applicable review standards. There was
no comment from the public. Roll Call: Mrs. Anderson; AYE, Mr. Kent;
AYE, Mr. Frankel; AYE, Mr. O'Neal; AYE and Chairman Wheeler; AYE.
Regular Meeting & Public Hearing
Architectural Review & Planning Board
February 21, 2002
page 3
2. An application submitted by Digby Bridges, Marsh &
Associates, as Agent for Harry & Deborah 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,
Plat Book 25, Page 67 of the Public Records of Palm Beach
County, Florida.
Mark Marsh, Agent for Mr. & Mrs. Sargeant requested that the application
for the variance be heard first and there were no objections.
Mr. Marsh displayed drawings of the site plan that covers the variance
request to be permitted to construct a guest house on the unified parcel
consisting of 1,600 square feet, as opposed to the maximum permitted of
700 square feet. Also displayed was the plan that was previously
approved for construction of a 2 -story single family dwelling in order
to show a comparison of the amount of lot coverage between the two types
of development. He reported that he had spoken to several of the
neighbors at the conclusion of the last meeting and explained to them
this difference, and they were in favor of development of the unified
parcel with the 1,600 square foot guest house rather than development of
the two individual lots with two single family homes. Mr. Marsh then
introduced John Immer, the Attorney representing Mr. & Mrs. Sargeant,
and explained that he would present a brief history of the project and
the justification for the variance request.
Mr. Immer's presentation is attached and made a part of these minutes.
Town Manager Thrasher reminded that a determination to grant the
variance request must be based upon the opinion of each as to whether
all eight standards as defined in Section 66-154 of the Code have been
met.
Chairman Wheeler, requested that Mr. Marsh display the site plan
covering the variance request alongside the site plan showing the
proposed guest house connected to the main structure with a covered
walkway. Stating that these remarks are his personally, he observed that
sometimes the Board is saddled with interpreting spirit with letter of
the law. He believed that in this particular instance, the plan showing
l the connection meets the letter of the law but the detached plan more
tJ nearly complies with what the Town is trying to achieve, or the spirit
of the law. He believed there needs to be some latitude with issues
such as these to recognize the importance of the spirit of the law.
Chairman Wheeler did not believe that the applicant had satisfied all 8
of the justifications but he would vote in favor of granting the
variance because the resulting design meets the spirit of the law and
exemplifies what the Town prefers in the way of development.
Mrs. Anderson concurred with Chairman Wheeler and Mr. Kent asked for
comments regarding the legality of granting this variance.
Regular Meeting & Public Hearing
Architectural Review & Planning Board
February 21, 2002
page 4
Attorney Randolph stated that he was inclined to agree with Chairman
Wheeler and believed an argument had been made that all of the criteria
has been met. He added that if as a Board it was felt that there is an
argument to be made that the criteria has been met, then it is
appropriate, if the Board so chooses, to grant the variance under the
nprovisions of the Code.
Mr. Frankel noted that the alternative plans are not as acceptable as
the plan submitted for the variance request and he would favor granting
the variance.
Mr. O'Neal believed that keeping the structure and mass small should
please the neighbors.
Mr. Marsh displayed an elevation showing the covered walkway and then
removed the walkway section to show the different design.
Mrs. Strawn asked if the owner could return sometime in the future to
request additional development. She was advised that it is always
possible for property owners to request additional improvements.
David Hosokawa advised his home is across the cove from this development
and he would prefer not to have the covered walkway. He asked if the
large tree would remain and was assured that it would not be disturbed.
a. VARIANCE from the provision in Section 66-1,
Definition of a Guesthouse, to permit construction of
a guesthouse that would exceed the maximum permitted
land coverage of 700 square feet, by 900 square feet.
Mr. Frankel moved and Mr. Kent seconded to recommend that the variance
be granted as requested based on a finding the criteria has been met.
Roll Call: Mrs. Anderson; AYE, Mr. Kent; AYE, Mr. Frankel; AYE, Mr.
O'Neal; AYE and Chairman Wheeler; AYE.
b. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to permit the
construction of a Gulf Stream Bermuda (Anglo
Caribbean) style guesthouse consisting of 1,600 square
Feet adjacent to a Gulf Stream Bermuda (Anglo
Caribbean) style single-family dwelling, which is
under construction.
Mr. Kent moved and Mr. O'Neal seconded to recommend approval of the
ti) Level 3 Architectural Site Plan Review, based on a finding that the
construction of the guesthouse as requested meets the minimum intent of
the Design Manual and applicable review standards. Roll Call: Mrs.
Anderson; AYE, Mr. Kent; AYE, Mr. Frankel; AYE, Mr. O'Neal; AYE and
Chairman Wheeler; AYE.
3. An application submitted by Digby Bridges, Marsh &
Associates, as Agent for Harry and Deborah Sargeant,
Owners of the property located at 1420 North Ocean Blvd.,
Gulf Stream, Florida, legally described as Lots 11, 11A
and 12, McLouth Subdivision, Plat Book 25, Page 67 of the
Public Records of Palm Beach County, Florida.
Regular Meeting & Public Hearing
Architectural Review & Planning Board
February 21, 2002
page 5
Mr. Marsh requested that only the last three items in the Level 2
Architectural Site Plan Review be considered since action has been taken
on the construction of the guesthouse. He explained that his clients
would like to modify the approved pool cabana with the construction of a
pizza oven at the south end of the cabana trellis. In addition, they
are requesting approval of the installation of a generator inside the
existing shed and approval of the hardscape plan that was presented in
detail at the last meeting. He advised that there has been one change
to the original plan and that is a change in the design of the service
gate from a solid gate to a rail design to match the other gate and the
fencing.
Mr. Hasakowa was concerned about the appearance of the pizza oven, which
will be in view from his property across the basin.
Mr. Marsh explained that there will be landscape material in front of
it. He went on to explain that a final landscape design for the entire
property is yet to be developed, after which it will be brought before
the ARPB for final approval. Mr. Marsh reminded that the landscape
drawings that were presented initially were preliminary and suggestions
that were made at that time, and now, will be addressed in the final
plans.
Town Manager Thrasher recommended approval of the modification of the
pool cabana to include a pizza oven, the installation of an emergency
generator inside an existing shed, and the hardscape design features,
based on a finding that the proposed modifications of the pool cabana,
installation of the generator and hardscape features meet the minimum
intent of the Design Manual, and applicable review standards with the
following conditions: 1) All chain link fence will be concealed by
plant material. 2) Accent and landscape lighting greater than 75 watt
halogen and quartz and greater than 1100 watts incandescent and
florescent luminaries shall not be used.
a. LEVEL
2 ARCHITECTURAL, SITE PLAN REVIEW
(1)
Construction of a Gulf Stream Bermuda
(Anglo
Caribbean) style guesthouse consisting
of 1,600
square feet adjacent and connected to
a Gulf
�l
Stream Bermuda (Anglo Caribbean) style
single-
family dwelling, which is under construction,
by a 41+ foot long covered walkway.
This portion of the review was withdrawn due to the recommendation
that
the variance to construct the guesthouse without the connecting
walkway
be granted in the previous action at this meeting.
(2)
Modification of pool cabana to include
a pizza
oven.
(3)
Installation of an emergency generator
inside
an existing shed.
(4)
Hardscape design features.
Regular Meeting & Public Hearing
Architectural Review & Planning Board
February 21, 2002 page 6
Mr. Kent moved and Mrs. Anderson seconded the approval of items 2, 3 and
4 of the Level 2 Architectural Site Plan Review as recommended by the
Town Manager, including the two conditions. Roll Call: Mrs. Anderson;
AYE, Mr. Kent; AYE, Mr. Frankel; AYE, Mr. O'Neal; AYE and Chairman
Wheeler; AYE.
VII. Items by Staff.
A. Joint Workshop with Town Commission
Town Manager Thrasher reported that the Town Commission was agreeable to
having a workshop meeting with the ARPB on April 12, 2002 at 9 A.M.,
following their regular commission meeting that will commence at 8 A.M.
in order to allow time for the workshop meeting. He further reported
that the Commission directed that an agenda be prepared to list the
items that will be covered during the workshop, and those items should
be only what are considered to be of greatest concern to the Board.
The list of Potential Code Changes containing 21 items was discussed and
it was agreed that the matter of eave heights for the one-story portions
of 2 -story homes, the overall height in the "Core District" on internal
streets and roofing materials are the most pressing and should be on the
workshop agenda. They felt all others could be included at such time as
there is a complete Code review. Mr. Kent agreed to prepare an exhibit
to address the height problems and Mrs. Anderson agreed to work with Mr.
Thrasher to assemble material related to roofing materials. The Board
did not feel it necessary to rent a vehicle for a field trip as there
would be only one area, or possibly two, that might be visited, and they
are very near the Town Hall. They suggested that several of their own
cars be used and everyone could gather outside the vehicles at the site.
Chairman Wheeler directed that the exhibits be available for the March
21't meeting so a presentation could be prepared for delivery at the
April workshop.
VIII. Items by Board Members. Mrs. Strawn advised that there is still
a sign in front of the Malnov construction site, under the
mailbox. Mr. Thrasher advised he would see that it is removed as a
Certificate of Occupancy has been issued.
IX. Public. There was no comment from the public.
X. Adjournment. Chairman Wheeler adjourned the meeting at 9:50 A.M.
Rita L. Taylor, To Clerk
ARCHITECTURAL REVIEW AND PLANNING BOARD
I think it would be well for us to discuss a little of the history of the properties.
Harry and Deborah Sargeant joined by Harry's brother Daniel purchased Lots 11,
n 11A and 12 from the Sheehans in 1996.
Subsequently, Harry and Deborah acquired Lots 11 and 11A outright and Daniel
acquired Lot 12.
At the time Harry and Deborah could build a house of approximately 12,000
square feet on Lots 11 and 11A and Daniel could build a house of approximately
11,000 square feet on Lot 12.
Subsequently, Harry and Deborah obtained title to Lot 12 from Daniel and
acquired part of Lot IA from the Sheehans.
Thereafter, the Town of Gulf Stream required the Sargeants to sign and record a
Unity of Title to Lots 11, 11A, and 12 and part of Lot IA thus, creating one large
parcel and, in effect, reducing the building square footage permitted on Lot 12 to
700 square feet.
Harry and Deborah are seeking a variance to allow them to construct a guest
house of 1600 square feet on Lot 12• when only a 700 square foot dwelling is
authorized. As the basis for their request, we submit that the Unity of Title under
Code Section 70-69 should not have been required because neither the main
residence nor any accessory structure crossed any lot line. However, in any event,
the Sargeants comply with the eight (8) standards as defined in Section 66-154 of
the Code.
1. Special conditions and circumstances exist which are peculiar to the land,
structure or building involved and which are not applicable to other lands,
structures or buildings in the same zoning district (RS -0).
When Lot 12 was folded into Lot 11 it lost the ability to host a building site
for a house of at least 10,000 square feet; every other similar land lot in
McLouth Subdivision is a buildable lot for a dwelling in excess of 10,000
Y " square feet.
2. Special conditions and circumstances do not result from the actions of the
applidant.
The Town of Gulf Steam, required the Sargeants to sign a Unity of Title thus
effectively limiting their use of Lot 12. If the Town would have left Lot 12
separate from Lot 11, the Sargeants could have built an 11,000 square foot
house on it and we wouldn't be here today.
3. Granting the variance requested will not confer on the applicant any special
privilege that is denied by the Code to other lands, buildings or structures in
the same zoning district.
C, All other individual land lots in McLouth Subdivision are unrestricted and can
host houses of at least 10,000 square feet while Lot 12 can only host one of
700 square feet, the variance requested for a dwelling of 1600 square feet
certainly cannot be construed as privileging the Sargeants rather it penalizes
the Sargeants.
4. Literal interpretation of the provisions of the Code would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning
district under the terms of the Code and would work unnecessary and undue
hardship of the applicant.
The existence of the Unity of Title deprives the applicant of rights enjoyed by
other properties namely the right to build a house of up to at least 10,000
square feet and in fact restricts the lot to only a 700 square foot dwelling.
Certainly this severe restriction creates an unnecessary hardship on the
Sargeant's use of their property to the same extent as the owners of other
McLouth lots.
5. The variance granted -is the minimum variance that will make possible the
reasonable use of the land, building or structure.
The reasonable use of the land, as platted, is for a house of at least 10,000
square feet; the reduction of more than 9,300 square feet to 700 square feet is
unreasonable in that a 700 square foot dwelling is not keeping with the
character of the neighborhood.
6. Granting the variance would not permit to be established or re-established any
use prohibited in the zoning district.
The zoning district permits single family dwellings on each land lot in
McLouth Subdivision so the granting of the variance for a dwelling of 1600
square feet would not be a prohibited use.
7. Granting the variance is consistent with the goals, objectives and policies and
future land use map of the adopted comprehensive plan.
v4 �
The adjusted comprehensive plan calls for Lot 12 to be used for the
construction of a dwelling of at least 10,000 square feet; certainly, a variance
to permit the construction of a dwelling of 1600 square feet cannot be viewed
as violation or an enlargement of the land use plan for the Town.
2
8. Granting the variance will be in harmony with the general intent and purpose
of the Code and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
The Code permits a dwelling of at least 10,000 square feet on Lot 12;
C; certainly a downsizing to 1600 square feet would be in harmony with the
Code in that the greater square footage of necessity embraces the lesser square
footage. As a matter of fact, a smaller dwelling of ,1600 square feet would
undoubtedly be more acceptable to the neighbors than another dwelling of say
11,000 square feet were the Sargeants to sell Lot 12 to a third party. One can
assumed that in this day and age any downsizing is beneficial rather than
detrimental to the public welfare (less density).
In conclusion, we submit that no Unity of Title should have been required of the
Sargeants inasmuch as neither the main residence nor any accessory structure crossed any lot
lines as required under Section 70-69 of the code. Thus, the Unity of Title has created the
necessity for the Sargeants to seek a variance where none should have been required.
Nonetheless, we are of the opinion that the Standards for the granting of a variance are fulfilled
and respectfully request this Board to approve the requested variance.
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