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HomeMy Public PortalAbout09/19/2002MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, SEPTEMBER 19, 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 Chairman Participating: Hewlett Kent Vice Chairman Muriel Anderson Board Member Charles Frankel Board Member Perry O'Neal Board Member Cynthia Neeves Alternate Member Anne Strawn Alternate Member Also Present and William Thrasher Town Manager Participating: Rita Taylor Town Clerk John Randolph Town Attorney Rustem Kupi Agent for Bissell Mark Marsh Agent for Walter James Ballerano Attny. For Walter Mr. & Mrs. Nils Friis Town Residents Mr. & Mrs. Turner Dean Town Residents Linda Bryan Town Resident III. Minutes of the Regular Meeting and 'Public Hearin of 7-25-02. 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. There were no changes requested. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. October 24, 2002 @ 8:30 A.M. b. November 21, 2002 @ 8:30 A.M. c. December 19, 2002 Q 8:30 A.M. d. January 23, 2002 Q 8:30 A.M. e. February 27, 2002 @ 8:30 A.M. Chairman Wheeler announced these meeting dates and advised that he had a conflict with the October 24th meeting. He requested that it be changed to October 17th. There were no objections. VI. PUBLIC HEARING. Chairman Wheeler'asked that all persons who intended to speak please stand to take thA Oath. Town Clerk Taylor administered the Oath to Mark Marsh, James Bailerano, Rustem Kupi, Mr. & Mrs. Friis, Mr. & Mrs. Dean and Mrs. Bryan. Architectural Review & Planning Board Regular Meeting & Public Hearing September 19, 2002 Page 2 Mr. Wheeler asked if there were any ex -parte communications. Mrs. Anderson disclosed that she had spoken with staff and had visited the site, Mr. Kent had spoken to staff and Mr. Frankel had visited the site. A. Applications for Development Approval 1. An application submitted by Rustem Kupi as Agent for Georgina Bissell, the owner of the property located at 3433 Gulf Stream Rd., legally described as Lot 52, Gulf Stream Properties No. 2, Gulf Stream, Florida. Mr. Kupi displayed a color rendering of the proposed home and explained that the improvements include a cabana, covered loggia and swimming pool, pointing out that the house would front on Gulf Stream Road with the garage doors facing Banyan. He further pointed out that there are several homes having garage doors facing Gulf Stream Road and it was felt that another set of garage doors would impact the appearance of Gulf Stream Road. Mr. Kupi stated that they have provided two parallel parking spaces in the front for guests and a decorative fence. He stated that the color of the roof and house would be white with black shutters. The existing lift station would be connected to the private sewer system. Mrs. Anderson questioned the two parallel parking spaces along the front of the property. Mr. Kupi explained there was not parking for guests so they had incorporated parking in front instead of on the street. Mr. Wheeler asked if the 11'11" meets pool set back requirements. Mr. Thrasher stated that the side setback requirement is 12 feet. Mr. Kupi thanked the Board and stated he would relocate the pool to meet the setback requirements. Mr. Kent commented that this is a "fantastic" design. Mr. O'Neal was pleased that while this is a "lot of house", there is not a great deal of mass. Mrs. Anderson observed that this is a big improvement. Mr. Dean questioned the drainage. Mr. Kupi explained that the existing grade on the site is 4 % to 5 feet, for FEEMA regulations the requirement is 7 feet. He explained that instead of regrading the site they would be installing grade beams to make a finish floor of 7 feet and drain to a retention area in the northeast corner of the property. Mrs. Friis was concerned about the garage doors being across from her property and was advised that they would not face her home and that the existing hedge would remain and be supplemented with Areca Palms. Architectural Review & Planning Board Regular Meeting & Public Hearing September 19, 2002 Page 3 a. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the demolition of the existing structure and construction of a partial two-story single-family Gulf Stream Bermuda style home consisting of 5,416 square feet with a swimming pool, cabana and covered loggia. �) Mr. Kent moved and Mr. Frankel seconded to recommend approval of the Level III Architectural/Site Plan which includes demolition of an existing structure, based on a finding that the proposed two-story Gulf Stream -Bermuda style residence, pool house, cabana and covered loggia meet the minimum intent of the Design Manual and applicable review standards with the condition that a Gulf Stream Driveway Permit and Removal Agreement is applied for prior to issuance of a building permit. Roll Call: Mr. Kent; AYE, Mr. Frankel; AYE, Mr. O'Neal; AYE, Mrs. Anderson; AYE and Chairman Wheeler; AYE. Mr. Kent moved and Mr. Frankel seconded to recommend approval of the Vegetation Disturbance -Land Clearing as shown on the landscape plan. Roll Call: Mr. Kent; AYE, Mr. Frankel; AYE, Mr. O'Neal; AYE, Mrs. Anderson; AYE and Mr. Wheeler; AYE. 2. An application submitted by Mark Marsh as Agent for Walter South, LLC, the owner of the property located at 2423 N. Ocean Blvd., Gulf Stream, Florida, which is legally described in metes and bounds as three adjacent parcels located in Government Lot 3, Section 3, Township 46 South, Range 43 East in the Town of Gulf Stream, Palm Beach County, Florida. Mark Marsh displayed a color rendering of the proposed improvements and advised he would prefer to give an overview of the project and then have Attorney Ballerano present the Variance and Special Exception requests, if the Board has no objections. There were no objections. Mr. Marsh explained that he had met with the Town Manager and Attorney Randolph several times in regard to this project. He displayed an overlay drawing showing the existing buildings under the proposed structures. Mr. Marsh explained that there is a home that faces AlA that is not a part of this project. The two existing parcels east of this have been combined into a single lot and all buildings, some of ^ which have non -conformities, will be demolished and one single family Jhome constructed. He further explained that there is a private driveway from AlA eastwardly along the south property lines. The preliminary design for the property had included remodeling and adding to some of the existing structures and considering the west property line as the front property line, resulting in the east property line (beach side) being considered as the rear. In meetings with Attorney Randolph and Town Staff, it was determined that the private drive must be considered as the front of the property, thus making the beach side a side lot line. As a result of this orientation, a very wide lot was created which would require side setbacks that total 69.561and a new design was created. He closed by explaining that the structure is Mediterranean Revival with a courtyard in the center containing the pool, created by Architectural Review & Planning Board Page 4 Regular Meeting & Public Hearing September 19, 2002 the structure being constructed in "pods" that are connected by a concrete arbor. Town Manager Thrasher confirmed that the original plan that was presented for staff review was to remodel and add to existing structures using a west orientation. �) Attorney Ballerano was recognized and presented the justification for the Variance that is attached in its entirety and made a part of these minutes. In summary, the variance request is for a 23.48' reduction in the side setback. He explained that this is the only ocean front property that is not able to apply the rear setback requirements to the beach side of the property, resulting in having to compute the setback from the CCCL based on 30% of a very wide lot of 231.871. If a rear setback could be applied, only a 25' setback would be required. The proposed structure would be 30' from the CCCL if the variance is granted. Attny. Ballerano advised that the Department of Environmental Regulation has indicated a 30' setback would be required for their approval and Mr. Young, the neighbor to the south, has an agreement with the Walter's to maintain the 30' to protect his view to the north. In addition, Mr. Ballerano noted that since the access is from a private driveway or street, the Code provides that an additional 10' setback be maintained from the edge of the pavement, reducing the buildable area even more. He closed by pointing out that this development would remove several non -conformities and move farther from the neighbor on the west. Attny. Ballerano observed that it would be possible to build a tall, boxy house in order to meet the technical setbacks but that would not be in the best interests of the community, especially since the granting of the variance would not impact anyone, as the variance is next to the beach. Linda Bryan, the neighbor to the west, stated that she had been under the impression that the building would be much closer to the lot line than the approximately 16' as shown and she would have been opposed in that instance. She asked where the two-story portion would be as related to her view of the ocean. Mr. Marsh point out the area on the overlay which indicated that the two-story portion would be farther north than the existing two-story, farther east and the same height as the existing. Mrs. Bryan had no objection to this plan. Mrs. Anderson questioned the existing wall on the west property line. She was advised that this is a 4' wall on Mrs. Bryan's side that would remain at the existing height, and that one of the existing structures to be demolished shares a party wall with a building on Mrs. Bryan's property. She was further advised that when the demolition takes place, the wall will be restored at once. Mr. Kent felt that the neighbor on the west would be the most impacted and the proposed development will improve conditions. He indicated he would support a recommendation for the variance. Architectural Review & Planning Board Regular Meeting & Public Hearing September 19, 2002 Mr. O'Neal wanted to be sure the wall on the west remains at the existing height. Page 5 Mr. Frankel stated he could see a hardship and noted that the new development would improve the property over what exists. He added that G he would rather see a 30' setback from the east line than the 25' if it were to be considered a rear setback. Mr. Wheeler did not believe this request to be the minimum variance to make possible the reasonable use of the property. He suggested a larger setback could be taken on the west side to make up at least a portion of the encroachment. Mrs. Neeves and Mrs. Strawn, both Alternate Members, believed there to be no hardship in that the courtyard could be shortened. a. VARIANCE to permit an encroachment of 23.48 feet into the east side setback (beach side). Mr. Frankel moved and Mr. Kent seconded to recommend approval of the variance based upon a finding that all eight (8) standards, as defined in Section 66-154 of the Code, have been met as per the attached justifications. Roll Call: Mr. Kent; AYE, Mr. Frankel; AYE, Mr. O'Neal; AYE, Mrs. Anderson; AYE and Mr. Wheeler; NAY. With regard to the Special Exception requests, Mr. Marsh explained that the proposed improvement will be compatible with the single family home to the west and the south and will be constructed a minimum of 35 feet from the multi -family structures to the north. He further explained that the adjacent properties would be properly screened by the use of landscaping as shown on the landscape plan. Town Clerk Taylor presented for the record letters from Mr. W.T. Young and Casa Serena, neighboring property owners, supporting the special exceptions and variance. b. SPECIAL EXCEPTION #1 to permit a rear setback of 11 feet as measured at the nearest corner of the structure. Attorney Ballerano advised that if a single family home is adjacent to a multi -family development, the setback may be reduced to 10' if the i criteria is met. He maintained the criteria is met in that the Jdevelopment will result in reducing density and non -conforming structures, the structure will be 35' from the existing multi -family structures and all adjacent properties will be screened with landscape material as provided in the landscape plan. Mr. Kent moved and Mr. Frankel seconded to recommend approval of a special exception to allow extending the principle structure into the rear setback approximately 41. Roll Call: Mr. Kent; AYE, Mr. Frankel; AYE, Mr. O'Neal; AYE, Mrs. Anderson; AYE and Mr. Wheeler; AYE. Architectural Review & Planning Board Regular Meeting & Public Hearing September 19, 2002 Page 6 c. SPECIAL EXCEPTION #2 to permit a west side setback of 7 feet for the accessory fountain. Mr. Marsh explained that the proposed minor accessory fountain is shown O at 7' from the side interior property line. Accessory fountains are permitted to be constructed 5' from the property line if the fountain meets the Special Exception Review Standards in the Code. He advised there would be a 6' high wall around the back of the fountain and it will not be operated between the hours of 11:00 p.m. and 7:00 a.m. Mrs. Bryan stated that she was concerned with the height of the fountain and the noise level. Mr. Marsh advised they would lower the wall if requested to do so and there would not be a problem with noise from the fountain as it is a bubbler. The Board agreed that the wall and fountain height be changed so as to not exceed the height of the existing property line wall, and suggested that the operating time for the fountain be adjusted if a noise problem develops. Mrs. Anderson moved and Mr. Frankel seconded to recommend approval of a special exception to allow extending the Courtyard Fountain into the minor accessory side setback approximately 8' provided the fountain wall does not exceed the height of the existing property line wall Roll Call: Mr. Kent; AYE, Mr. Frankel; AYE, Mr. O'Neal; AYE, Mrs. Anderson; AYE and Mr. Wheeler; AYE. Mr. Marsh explained that this project has been a joint venture associated with Acock Associates and he took this opportunity to recognize them for their input in the design of the home. d. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the demolition of all structures on the parcel and construct a partial two-story, Mediterranean style, single family dwelling consisting of 8,657.6 sq. feet. Mr. Kent moved and Mr. Frankel seconded to recommend approval of the of Level III Architectural/Site Plan based on a finding that the proposed Mediterranean Revival style, single family dwelling consisting of 8,658 SF meets the minimum intent of the Design Manual and applicable review standards, with the following conditions: 1) PBC Health Department approval of the septic system shall be required prior to issuance of a building permit. 2) DEP coastal construction review and Letter of Intent to Issue a Permit for all construction seaward of the 1978 CCCL shall be received prior to issuance of a building permit along with a copy of approved construction drawings, including planting. 3) A copy of a recorded unity of title shall be provided the Town prior to issuance of a building permit. 4) Height of the courtyard fountain and wall shall not exceed the height of the existing west property line Architectural Review & Planning Board Page 7 Regular Meeting & Public Hearing September 19, 2002 wall. Roll Call: Mr. Kent; AYE, Mr. Frankel; AYE, Mr. O'Neal; AYE, Mrs. Anderson; AYE and Mr. Wheeler; AYE. VII. Items related to previous approvals. A. 2960 Polo Drive, Gulf Stream, FL C Town Manager Thrasher reminded the Board that one of the conditions for approval was that the contractor submit a proposed roofing material. Mr. Thrasher called attention to a sample of gray slate, which would replace the existing asphalt. The Board was very pleased with this material. 1.Approval of roofing materials Mrs. Anderson moved and Mr. Frankel seconded to approve the gray slate roofing material submitted for the 2960 Polo Drive project. Roll Call: Mr. Kent; AYE, Mr. Frankel; AYE, Mr. O'Neal; AYE, Mrs. Anderson; AYE and Mr. Wheeler; AYE. VIII. Items by Staff. There were none. IX. Items by Board Members. There were none. X. Public. There was no comment from the public. XI. Adjournment. Chairman Wheeler adjourned the meeting at 10:15 A.M.