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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. IAR to S\Swgemhl Ol8.001\1018.003\tvl .l.doc 3