HomeMy Public PortalAbout06/09/2003MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE
ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM,
FLORIDA ON MONDAY, JUNE 9, 2003, AT 8:30 A.M., IN THE TOWN HALL, 100 SEA
ROAD, GULF STREAM, FLORIDA.
I. Call to Order.
0 II
8:30 A.M.
Roll Call.
Chairman Wheeler called the meeting to order at
Present and Chris Wheeler
Participating: Hewlett Kent
Muriel Anderson
Charles Frankel III
Absent with Perry O'Neal
Notice: Cynthia Neeves
Also Present and William Thrasher
Participating: Rita Taylor
William Wietsma
Dr. Luke
Rustem Kupi
Tim Gaskill
Digby Bridges
Ann Aker
Brian Pfeifler
Chairman
Vice Chairman
Board Member
Board Member
Board Member
Alternate Member
Town Manager
Town Clerk
Agent for Dr. Luke
Applicant
Applicant
Agent for G.S. School
Agent for G.S. School
And Drs. Aker
Applicant
Resident (by phone)
III. Minutes of the Regular Meeting and Public Hearing of 5-22-03.
Mrs. Anderson moved and Mr. Kent 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 VI.A.3. be heard at
9:30 A.M., a time certain, in order that Mr. Pfeifler could join by
telephone conference from Wyoming. There were no objections.
V. Announcements.
A. Meeting Dates
1. Regular Meeting & Public Hearing
a. July 17, 2003 @ 8:30 A.M.
b. September 18, 2003 @ 8:30 A.M.
c. October 23, 2003 @ 8:30 A.M.
d. November 20, 2003 @ 8:30 A.M.
e. December 18, 2003 @ 8:30 A.M.
The above dates were confirmed. Mrs. Anderson & Mr. Kent reminded that
they would not be available for the July meeting.
VI. PUBLIC HEARING.
Chairman Wheeler asked if any of the Board Members had ex -parte
communications to declare. Mrs. Anderson spoke to Mr. Pfeifler and
visited the site as well as the Luke site. Mr. Kent received a letter
from Mr. Pfeifler and was familiar with the sites. Mr.Frankel visited
Architectural/Review & Planning Board
Regular Meeting & Public Hearing
June 9, 2003
Page 2
all sites and spoke with Mr. Pfeifler twice. Chairman Wheeler received
a letter from Mr. Pfeifler and spoke to him.
Mr. Wheeler asked that those persons who intended to speak regarding any
Oof the applications on the agenda please stand and take the Oath. Town
Clerk Taylor administered the Oath to Rustem Kupi, Kelly Kupi, Mona
Wolter, Barbara Crocker, Anne Gibb, Tim Gaskill, William Wietsma and
William Luke.
A. Applications for Development Approval
1.An application submitted by William Wietsma, as Agent for
William and Joan Luke, the owners of property located at
3211 Polo Drive, Gulf Stream, Florida, which is legally
described as Lot 5, Gulf Stream Properties Subdivision in
Gulf Stream, Florida.
Mr. Wietsma displayed a site plan of the property and a drawing of the
design of the proposed pool screen enclosure. He explained that Dr, and
Mrs. Luke have disabilities that require exercising in the pool and that
the pool has been equipped for handicapped access. They are now
requesting that they be allowed a screen enclosure to reduce sun
exposure. He pointed out that the enclosure has been designed to follow
the lines of the structure and line up directly with the lanai, and will
be screened with a 6' high hedge around the back yard.
Chairman Wheeler noted that with variance requests it is necessary that
the applicant address the 8 mandatory findings and he requested that Mr.
Wietsma present those at this time as follows: 1) What 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? Mr.
Wietsma repeated what he had said in his presentation.
2) Do the special conditions and circumstances result from the actions
of the applicant? YES.
3) Will granting the variance confer upon the applicant any special
privilege that is denied by the Zoning Code to other lands, buildings,
or structures in the same zoning district? YES, it will allow the total
size of the residence and pool enclosure to exceed the limit in the
zoning code.
4) How would a literal interpretation of the provisions of the Zoning
Ordinance deprive the applicant of rights commonly enjoyed by other
properties in the same zoning district under the same terms of the
ordinance and work unnecessary and undue hardship on the applicant?
The owners must avoid excessive sun exposure and would not be able to
use the pool without the screen enclosure.
5) Is the variance requested the minimum variance that will make
possible the reasonable use of land, building, or structure? YES, the
variance would allow the enclosure of the existing pool and deck, which
is necessary for the residents to utilize the pool in the manner they
anticipate.
Architectural/Review & Planning Board
Regular Meeting & Public Hearing
June 9, 2003
Page 3
6) Will granting of the variance permit any prohibited use to be
established or re-established? NO.
7) Is the requested variance consistent with the goals, policies, and
objectives of the future Land Use Map of the adopted Comprehensive Plan -
YES.
�) 8) Will the variance be in harmony with the general intent and purpose
of the zoning ordinance and not be injurious to the area involved or
otherwise detrimental to the public welfare? YES, the proposed screen
enclosure is compatible with the existing house. It is modest in height
and it is positioned so that it will not be visible from Polo Drive.
The applicant, Dr. Luke, advised that this is a new home totally
designed for the handicapped and they had not been aware that they would
not be able to screen the pool. He explained he has ALS and his wife
has a spine condition, all of which require exercise in a warm pool. He
stated that a pool screen enclosure is needed to screen out 20% of the
W rays, to keep wind blown debris from the pool, since neither of them
are able to daily skim the surface, and to reduce the amount of chemical
treatment to the water by reducing the W rays.
Chairman Wheeler reminded that the ARPB is only a recommending body and
that variance requests can only be considered as they relate to
conditions and circumstances that exist which are peculiar to the land,
structures, or buildings. He read from a letter from the Town Attorney
which stated that neither medical nor financial circumstances are to be
considered as justification for a variance.
Town Manager Thrasher advised that while the Town Commission is the
deciding body, they are bound by the same criteria as the ARPB when
considering the variance requests.
All members of the ARPB expressed regrets at not being able to give
consideration to the health problems of the applicant. Chairman Wheeler
stated that in order to have the screen enclosure, it would have been
necessary to reduce the size of the house.
The Town Clerk advised that staff had received an E -Mail from Mr.
Stevens, who is building a home in back of Dr. Luke, expressing that he
CJ had no objection to the screen enclosure that is proposed.
There was no comment from the public.
a. VARIANCE to permit the construction of a 1,167.2
square foot pool screen enclosure with white aluminum
frame and dark gray screen which exceeds the FAR by
556 square feet.
Mr. Frankel moved and Mrs. Anderson seconded that it be recommended to
the Town Commission that the variance request be denied in that no
conditions or circumstances peculiar to the land, structure or building
Architectural/Review & Planning Board
Regular Meeting & Public Hearing
June 9, 2003
Page 4
had been found. Roll Call: Mrs. Anderson; AYE, Mr. Kent; AYE, Mr.
Frankel; AYE, and Chairman Wheeler; AYE.
b. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the
installation of a screen enclosure over an existing
swimming pool.
Mr. Frankel moved and Mrs. Anderson seconded to recommend that the Level
3 Architectural/Site Plan be denied. Roll Call: Mrs. Anderson; AYE,
Mr. Kent; AYE, Mr. Frankel; AYE and Chairman Wheeler; AYE.
2. An application submitted by Rustem and Kelly Kupi, Agents
and owners of the property located a 3244 N. Ocean Blvd,
Gulf Stream, Florida, which is legally described as Lot 3,
Gulf Stream Properties Subdivision.
Mr. Kupi displayed a site plan, elevation drawings and color renderings
of his proposed home. He explained, passing photos of the existing
house, that he proposes to demolish the existing buildings in 2 phases.
The first phase would be the guesthouse in the rear and then the main
house in the second phase. In determining the finished floor elevation,
Mr. Kupi explained he arrived at an average of the elevation to the
south of 13.39' and 16.14' to the north. He explained there is proposed
a two car garage in the basement under the pool cabana which is not
included in the FAR and a small basement under the main house consisting
of 447 square feet which has been included in the FAR. Mr. Kupi pointed
out that this is a Colonial Gulf Stream Bermuda style structure with the
two-story portion over the center of the structure finished off with a
widow's walk on the top. He stated that the elevation facing the pool
has 23% glazing with the other elevations having less. A grayish brown
color is planned for the main body of the buildings with white flat
cement tile roofs. Mr. Kupi, turning to the landscaping, advised they
intend to maintain the landscape material along Gulf Stream Road and
will add additional if necessary. In closing his presentation, he
pointed out that he is requesting a Special Exception to permit
construction of open covered porches that exceed the FAR by 125 sq. ft.
Mr. Kent questioned the front entry height, noting the railing above the
entry feature. Mr. Kupi stated the entry feature is 1218" if the
railing above it is not included. All members agreed that the railing
should be considered as a part of the second story.
The Town Clerk advised that Mrs. Neeves had questioned if the widow's
walk is appropriate on this style of architecture. Mr. Kupi stated that
these are shown in several books on Bermuda style architecture.
There was no comment from the public.
Architectural/Review & Planning Board
Regular Meeting & Public Hearing
June 9, 2003
Page 5
a. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to permit the
demolition of existing structures in 2 phases, (18t
rear bedroom then main residence) and the construction
of an 8,043 square foot Colonial Gulf Stream Bermuda
style home with basement garage and a pool cabana.
Mr. Kent moved and Mrs. Anderson seconded to recommend approval of the
Level 3 Architectural/Site Plan with the demolition to be conducted in 2
phases, based on a finding that the proposed two-story Colonial Gulf
Stream Bermuda style residence, basement garage, pool cabana and open
covered porches meet the minimum intent of the Design Manual and
applicable review standards with the following conditions: 1) FDOT
driveway abutting permit prior to commencement of second phase; 2) Gulf
Stream Driveway Permit and removal agreement prior to issuance of a
building permit. 3) PBC Health Department approval of the septic system
prior to issuance of a building permit. Roll Call: Mrs. Anderson; AYE,
Mr. Kent; AYE, Mr. Frankel; AYE and Chairman Wheeler; AYE.
b. SPECIAL EXCEPTION to permit the construction of open
covered porches which exceed the FAR by 125 sq. ft.
Mr. Kent moved and Mr. Frankel seconded to recommend approval of a
Special Exception to exceed Floor Area Ratio by 125 sq. ft. for open
covered porches with the following condition: 1) Prior to the issuance
of a certificate of occupancy, the owner shall record a deed restriction
requiring that 375 sq. ft. of open covered porch area shall forever
remain unenclosed as long as the structure exists. Roll Call: Mrs.
Anderson; AYE, Mr. Kent; AYE, Mr. Frankel; AYE and Chairman Wheeler;
AYE.
c. LAND CLEARING PERMIT to permit the removal of 1
melaleuca tree and clear the building pad.
Mr. Kent moved and Mr. Frankel seconded to recommend approve of a Land
Clearing Permit as requested. Roll Call: Mrs. Anderson; AYE, Mr. Kent;
AYE, Mr. Frankel; AYE and Chairman Wheeler; AYE.
d. N. OCEAN BLVD. OVERLAY PERMIT to remove existing
Philodendron under -story and install new plantings as
shown in the landscape design.
Mr. Frankel moved to recommend approval of a North Ocean Blvd. Overlay
Permit as requested and Mrs. Anderson seconded the motion. Roll Call:
Mrs. Anderson; AYE, Mr. Kent; AYE, Mr. Frankel; AYE and Chairman
Wheeler; AYE.
C' The following item, number 3., was heard at 9:30 A.M., a time certain,
in order for Mr. Brian Pfeifler to join the meeting by telephone
conference from Wyoming.
3. An application submitted by Digby Bridges, Marsh and
Associates, agents for Doctors Alan and Ann Aker, owners
of the property located at 3649 N. Ocean Blvd., Gulf
Stream, Florida, legally described as a part of Lot 8
and a part of Lot 9, Gulf Stream Ocean Tracts subdivision.
Architectural/Review & Planning Board
Regular Meeting & Public Hearing
June 9, 2003
Page 6
At this time the Town Clerk administered the Oath to Brian Pfeifler,
Digby Bridges and Dr. Ann Aker.
Digby Bridges, agent for Drs. Aker, displayed a survey/site plan,
elevations of the building with the proposed renovations and color
renderings. He pointed out that the existing building contains a
bedroom with a belvedere on the roof that is accessed by an outside
stairway on the north side and an attached band shell on the west side.
He stated that it is proposed to remove the stairway and include this
area as part of the existing building with all other walls to remain and
the open side of the band shell enclosed. A new roof would be
constructed to replace the existing. The structure would be converted
to a guesthouse containing the same square footage, 618 sq. ft., as
presently exists. Mr. Bridges further stated that a Special Exception
is being requested to extend a non -conforming wall in that the existing
band shell is within the side setback. In closing his presentation, he
noted that in constructing the new roof, the open belvedere area would
be covered which will lend privacy to the nearby properties.
Dr. Aker advised that her parents are elderly and both have serious
health problems. She plans to have them live in the guesthouse so they
can enjoy her family and she will be able to care for them.
Mr. Pfeifler, the neighbor to the south, stated he has several concerns
with this proposed renovation. Pointing out that this structure is only
1 to 2 ft. from his property line, he is concerned about damage to his
property. He is further concerned that the new roof appears to be
higher than what now exists with the highest point being directly in
line with the window in his second floor library. He further commented
that this would be a change in the use of a nonconforming structure.
Mr. Pfeifler closed by advising that he felt this matter has been
handled poorly in that it was not brought to his attention before he
left town for the summer and the notice he received only gave him a few
days to consider the application.
The Town Manager advised that the notices are required to be sent no
less than 10 days prior to the hearing, as confirmed by the Town
Attorney, and they were actually sent 14 days prior. With regard to a
Cchange in use, Mr. Thrasher pointed out that the entire property is
zoned single family and guesthouses are permitted in a single-family
district.
Mr. Bridges advised that the existing walls appear to be sound and it is
not expected that they will need to be rebuilt. He assured that care
will be taken to protect Mr. Pfeifler's property with a barrier to be
installed between the properties, and in the event there are any
problems, they will be corrected. With regard to the roof height, Mr.
Bridges explained that there is a small area, approximately 4' over
which the new roof will be 1' higher than the existing roof. This area
is on the north side of the structure, not on the side next to Mr.
Architectural/Review & Planning Board
Regular Meeting & Public Hearing
June 9, 2003
beneficial impact on the adjacent property and
changes in the plan, not even through issuance
unless the change was reviewed by the ARPB.
Page 7
assured there would be no
of the building permit,
Dr. Aker assured Mr. Pfeifler there was no intent to do anything behind
�> his back and most certainly, should there be any damage to his property,
they will take care of it to his satisfaction. She reminded that in the
past they have done a considerable amount of renovating to the property
and have caused no problems to the neighbors.
All of the ARPB members expressed regret that Mr. Pfeifler had not
received his notice earlier but acknowledged that the delay was due to
the mail having to be forwarded to Wyoming. They all felt the
construction as planned will be an improvement over the existing
structure and that it meets the provisions in the Design Manual.
a. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the
interior demolition of a small structure located in
the southeast corner of the property, detached from
the main house, and the construction of a 618 sq. ft.
guesthouse within the existing walls and covered band
shell of the Mediterranean Revival architectural
style.
Mr. Kent moved to recommend approval of the Level 3 Architectural/Site
Plan based on a finding that the proposed Mediterranean style guesthouse
consisting of 618 sq. ft. meets the minimum intent of the Design Manual
and applicable review standards, with the following conditions: 1) The
highest point of the new roof shall not be more than 1' higher than the
existing roof; 2) Palm Beach County Health Department approval of the
septic system shall be required prior to issuance of a building permit;
3) DEP coastal construction review and Letter of Intent to Issue a
Permit for all construction seaward of the 1978 CCCL prior to the
issuance of a building permit along with a copy of approved construction
drawings, including plantings. Mr. Frankel seconded the motion. Roll
Call: Mrs. Anderson; AYE, Mr. Kent; AYE, Mr. Frankel; AYE and Chairman
Wheeler; AYE
b. SPECIAL EXCEPTION to permit the enclosure of an
existing covered band shell which is non -conforming in
that it encroaches into the south side yard setback.
OMr. Kent moved to recommend approval of a Special Exception to permit
extending the nonconforming wall of the band shell into the south side
yard setback, based on a finding that the specific standards for review
have been met with the condition that the highest point of the roof not
be more than 1' higher than the existing roof. The motion was seconded
by Mrs. Anderson. Roll Call: Mrs. Anderson; AYE, Mr. Kent; AYE, Mr.
Frankel; AYE and Chairman Wheeler; AYE.
Architectural/Review & Planning Board
Regular Meeting & Public Hearing
June 9, 2003
Page 8
4. An application submitted by Digby Bridges, Marsh and
Associates, agents for the Gulf Stream School, owner of
the property located at 3600 Gulf Stream Road, Gulf
Stream, Florida, which is legally described as Lot 4, Polo
Fields Subdivision.
C` Tim Gaskill, the Attorney representing the Gulf Stream School reported
that the demolition of the existing library is about to commence to
permit the construction of the new library and fine arts facility, which
has received previous approval. He stated that since construction will
continue into the next school year, it is necessary to provide a
temporary facility to house the library material so that students will
have access to it. For this reason, the school is requesting a variance
to permit a temporary modular building to be placed at the northwest
area of the existing playing field. He then addressed the 8 mandatory
findings connected with variance requests. A copy of these is attached
and made a part of these official minutes.
The Board agreed that these are special circumstances that are not
applicable to any other property in the Town in that there is only one
school.
a. VARIANCE to allow a temporary modular building at the
northwest area of the existing playing field totaling
+/-1,440 square feet, for relocation of the library
book collection until such time that the new library
is complete.
Mr. Kent moved and Mrs. Anderson seconded the motion to recommend
approval of the variance to permit a temporary modular structure to
house the school library for a period not to exceed 12 months from the
date of final approval of the temporary structure. Roll Call: Mrs.
Anderson; AYE, Mr. Kent; AYE, Mr. Frankel; AYE and Chairman Wheeler;
AYE.
b. LEVEL 3 ARCHITECTYURAL/SITE PLAN REVIEW to permit the
installation of a temporary modular structure.
Mr. Kent moved to recommend approval of the Level 3 Architectural/Site
Plan to permit the installation of a temporary modular structure for a
period of 12 months from the date of final approval. The motion was
seconded by Mrs. Anderson. Roll Call: Mrs. Anderson; AYE, Mr. Kent;
l/) AYE, Mr. Frankel; AYE and Chairman Wheeler; AYE.
VII. Items by Staff.
A. Code Revisions
1. Owner/Builder-Appropriate for Large Jobs?
It was determined that it is very unusual for there to be a request to
file as owner/builder. In the past, the County Building Department has
required that a General Contractor be selected before permit issuance.
The Board agreed that no changes were necessary at this time.
2. Measurement of Walls & Fences From Lowest Adjacent Grade
Staff advised that this provision was written in the "prohibited"
sections for some districts and omitted in others. Staff recommended
Architectural/Review & Planning Board
Regular Meeting & Public Hearing
June 9, 2003
Page 9
that this provision be listed in the "prohibited" sections for all
districts and to apply to perimeter walls in all locations. The Board
agreed to accept the staff recommendations.
3. Review of Multi -family Sections of Code
The Staff recommended that this be referred to Urban Design since they
C) assisted with the Design Manual and any update that might be recommended
could be structured to be compatible with the Manual. The ARPB was in
agreement with this.
VIII. Items by Board Members. There were no items from the members.
IX. Public. There was no comment from the public.
X. Adjournment. Chairman Wheeler adjourned the meeting at 10:21
A.M.
P, � OL 2 f rz_��
Rita L. Taylo , Town Clerk
X
05/27/2003 09:31 5616278GOO DGSS LAW FIRM -FAX 2 PAGE 02/02
IV. G.1 From what specific Zoning Code regulation is a variance requested?
Sec. 66-382.
IV.G.2 What does the Zoning Code require for this specific site?
No mobile home, manufactured home or trailer is permitted within any zoning category
within the Town
IV.G.3 What is proposed? Temporary modular building
IV.G.4 what is the total variance requested? Approval of temporary structures
IV.G.5 The following 8 mandatory variance findings from Section 660154, must be addressed: (Attach additional sheet if
necessary.)
(1) what 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?
Only school in town; large setbacks, no neighbors adjoining location, and library
essential to operation of School.
(2) Did the special conditions and circumstances result from the actions of the applicant? YES
(3) will granting the variance confer upon the applicant any special privilege that is denied by the Zoning Code to
other lands, bulklings, or structures in the same zoning district? YES
Explain: Section 70-50 - Private Schools - allows school to exist in single family
residential lone and variance will allow applicant to build a Fine Arts Building
approved under Developer Agreement.
(4) How would a literal Interpretation of the provisions of the Zoning Ordinance deprive the applicant of rights
commonly enjoyed by other properties in the some zoning district under the same terms of the ordinance and
work unnecessary and undue hardship on the applicant?
The school is a unique member of the community and the variance Is necessary to
operate during construction previously authorized.
(5) Is the variance requested the minimum variance that will make possible the reasonable use of land, building, or
structure? YCS
Explain: The proposed modular building is the minimum size that will allow for
Pzge 6
continued access, maintenance, and protection of the school's
library collection.
(6)
will granting of the variance permit any prohibited use to be established or re-established? NO
(7)
Is the requested variance consistent with the goals, policies, and objectives of the future Land use Map of me
adopted Comprehensive Plan? YES
(8)
Will the variance be in hannonywith the general Intent and purpose of the Zoning Ordinance and not be
injurious to the area involved or otherwise detrimental to the public welfare? YES
Explain: The proposed location of the temporary modular building was
selected to minimize disturbance to area residents, while enabling
access to the collection. The structure will be temporary only during
construction of the new Fine Arts Building.
Pzge 6