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.