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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