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HomeMy Public PortalAbout10/23/20030 WE IN MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, OCTOBER 23, 2003, AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. 8:30 A.M. II. Roll Call. Chairman Wheeler called the meeting to order at Present and Chris Wheeler Participating: Hewlett Kent Muriel Anderson Charles Frankel Absent with Notice: Via Telephone Also Present and Participating Perry O'Neal Cynthia Neeves John Randolph William Thrasher Rita Taylor Roger Janssen Bruce Armstrong Del Swilley Don Murakami Carolee Rodebaugh Mr. Stevens Susan Hansford Lynda Bryan Mark Marsh Chairman Vice Chairman Board Member Board Member Board Member Alternate Member Town Attorney Town Manager Town Clerk Agent For MacDonald Agent for MacDonald Agent for Fogarty Agent for Stevens Architect Resident Resident Resident Agent for N. Ocean Gulf Stream Holdings III. Minutes of the Regular Meeting and Public Hearin of 9-11-03. Mr. Frankel moved and Mr. Kent 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 11-20-03 @ 8:30 P. 2. Regular Meeting & Public Hearing 12-18-03 @ 8:30 A.M. 3. Regular Meeting & Public Hearing 1-22-04 @ 8:30 A.M. 4. Regular Meeting & Public Hearing 2-26-04 @ 8:30 A.M. 5. Regular Meeting & Public Hearing 3-25-04 @ 8:30 A.M. 6. Regular Meeting & Public Hearing 4-22-04 @ 8:30 A.M. Chairman Wheeler announced these dates. The joint meeting with the Town Commission was set for December 12, 2003, following the Regular Town Commission meeting. Chairman Wheeler asked if there were any exparte communications to declare. Mrs. Anderson disclosed that she spoke with staff and visited the sites. Architectural Review & Planning Board Regular Meeting & Public Hearing Page 2 October 23, 2003 Chairman Wheeler asked that all persons who intended to speak please stand to take the Oath. Town Clerk Taylor administered the Oath to Mr. Marsh, Mr. Janssen, Mr. Armstrong, Mr. Swilley, Mrs. Bryan, Mr. Murakami, Ms. Rodebaugh, Mr. Stevens and Ms. Hansford. VI. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Bruce Armstrong, as Agent for Ralph MacDonald, the owner of the property located at 1410 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as Lot 1, lA and Lot 2, MCLouth Subdivision. Mr. Armstrong displayed a rendering of the proposed relandscaping and explained that he is removing two trees, relocating thirteen trees and adding a number of trees and hedges on the property. Mr. Armstrong stated there is also an existing 15 feet tall ficus hedge on the south west side of the property and he is proposing to continue the hedge to the end of the property line. Chairman Wheeler asked if there were any comments from the public. Ms. Hansford, a neighbor on the south side of the property explained that a line of ficus trees was planted on the north and south property line before approval was obtained. Ms. Hansford believes that it does not comply with the Code Standards. She added that ficus trees are very invasive and she is concerned that the root system would destroy her drain field and the trees would obstruct her view, diminish her property value and would be very costly for her to maintain. Ms. Hansford referred to a memo she gave to the ARPB members prior to the meeting. She read the memo in its entirety and it was made part of the official record. Chairman Wheeler asked the Town Manager for an update. Town Manager Thrasher explained that two trees were removed without a permit. The agent was advised that a permit is required to remove more than two trees. Mr. Armstrong obtained a permit and removed two more trees. Sometime near the removal of the trees, a fence was partially installed without a permit and it was subsequently removed. A fence permit was obtained and a new fence was installed and screened from the neighbor's view with ficus trees. Additionally, approximately 50-75, 8-10 foot tall ficus hedge bushes and 24, 15 -foot tall ficus trees, were installed along side the southwest property line. Shortly after, Ms. Hansford called the Town indicating that the planting of the trees and hedges had adversely affected her property. A letter was received from Ms. Hansford detailing her complaint. Town Clerk Taylor explained that the section of the Code that Ms. Hansford cited does not apply in the single-family district. Architectural Review & Planning Board Regular Meeting & Public Hearing Page 3 October 23, 2003 Chairman Wheeler advised that ficus hedges are encouraged in the Town and that the Board could only regulate hedge height on properties that abut the intercoastal. The Chairman asked Mr. Armstrong if the property owner would be willing to install a root barrier to prevent any damage to the neighbor's drain field. With regard to the trees it was suggested that a gate be installed adjoining the neighbor in order to access and maintain the neighbor's side of the hedge and that Seville C1 grass be installed to replace the damaged grass. Mr. Armstrong agreed with the suggestions. a. LAND CLEARING PERMIT to remove two trees, relocate 13 trees, and add numerous trees and hedges. Mr. Frankel moved and Mrs. Anderson seconded to approve the Land Clearing Permit. Roll Call: Mr. Kent; AYE, Mr. Frankel; AYE, Mrs. Anderson; AYE and Chairman Wheeler; AYE b. LEVEL 2 ARCHITECTURAL/SITE PLAN REVIEW for approval of the proposed re -landscaping. Mr. Frankel moved and Mrs. Anderson seconded to approve the Level 2 Architectural Site Plan based on a finding that the proposed landscape plan meets the minimum intent of the Design Manual and applicable review standards with the following conditions: 1) A root barrier shall be installed for the ficus hedge. 2) Property owner shall install a gate adjoining the neighbor in order to access and maintain the neighbor's side of the hedge. 3) Seville grass shall be installed on neighbor's property to replace damaged grass. Roll Call: Mr. Kent; AYE, Mr. Frankel; AYE, Mrs. Anderson; AYE and Chairman Wheeler; AYE 2. An application submitted by Dailey Janssen Architects, as agents for Ralph MacDonald, owner of the property located at 1410 N. Ocean Blvd., Gulf Stream, FL, legally described as Lot 1 & lA and northerly 60.47' of Lot 2, McLouth Subdivision. Mr. Janssen displayed a color rendering and explained that he is proposing to add a 275 sq. ft. flat roof loggia and a cupola to an existing nonconforming guesthouse. Mr. Janssen explained that the structure does not meet the current setback and it exceeds the maximum permitted land coverage. He is proposing to reduce the eave around the entire structure by 2 M feet, thus reducing the existing covered roof area by 454.8 feet, a net reduction when subtracting the 275 sq. ft. porch of 179.8 sq. ft., making it architecturally compatible with the main building. The Board discussed and agreed that if the flat roof is not visible and the covered roof area is reduced, the variance requests are unnecessary. Attorney Randolph advised that if the interpretation were that flat roofs are permitted if they cannot be seen off premises, precedence would be set for future applications. Town Clerk Taylor stated that the application gave no indication of the reduction of the eave. Architectural Review & Planning Board Regular Meeting & Public Hearing October 23, 2003 Page 4 Mr. Janssen stated that at the preliminary meeting with the Town Manager it was considered that because of the increase in the footprint to a nonconforming building, a variance would be necessary. The reduction of the eave size was not considered at that time. Chairman Wheeler complimented the design and stated that the Board could not approve variance requests unless all eight standards are met. �) The Board did not believe that all of the criteria for the variances had been met. Chairman Wheeler suggested that if a different roof style were to be used, and the eave width reduced by 2 M ft., neither variance request would be necessary. Mr. Janssen sketched a different roof design and it was acceptable to the Board. a. VARIANCE to permit the addition of a 275 square foot flat roofed loggia to an existing non -conforming guest house that exceeds the maximum permitted 700 square feet of land area coverage by 548.5 square feet. Mr. Kent moved and Mr. Frankel seconded to reject the variance. Roll Call: Mr. Kent; AYE, Mr. Frankel; AYE, Mrs. Anderson; AYE and Chairman Wheeler; AYE b. VARIANCE to permit the addition of a 275 square foot flat roofed loggia to an existing non -conforming guest house that exceeds the maximum 10% of flat roof that is permitted on entire structure. Mr. Kent moved and Mr. Frankel seconded to reject the variance. Roll Call: Mr. Kent; AYE, Mr. Frankel; AYE, Mrs. Anderson; AYE and Chairman Wheeler; AYE c. SPECIAL EXCEPTION to permit the addition of a 275 square foot loggia to an existing non -conforming guesthouse that is located totally within the 30' side setback. Mr. Frankel moved and Mrs. Anderson seconded to recommend approval of the Special Exception to modify the existing nonconforming guesthouse. Roll Call: Mr. Kent; AYE, Mr. Frankel; AYE, Mrs. Anderson; AYE and Chairman Wheeler; AYE d. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the addition of a 275 square foot loggia and a cupola to an existing one story British Colonial style Jguesthouse. Mr. Frankel moved and Mr. Kent seconded to recommend approval of the amended Level 3 Architectural Site Plan Review with the 2 M ft. reduction of the eave and the changes in the roof design as presented, based on a finding that the proposed addition meets the minimum intent of the Design Manual and applicable review standards. Roll Call: Mr. Kent; AYE, Mr. Frankel; AYE, Mrs. Anderson; AYE and Chairman Wheeler; AYE 3. An application submitted by Mark Marsh, agent for North Ocean Gulf Stream Holdings, LLC, owners of the property located at 2423 N. Ocean Blvd., Gulf Stream, Florida, Architectural Review & Planning Board Regular Meeting & Public Hearing October 23, 2003 Page 5 legally described in metes and bounds in Lot 3, Section 3, Township 46 S., Range 43 E. Mr. Marsh displayed a color rendering of the previously approved home and requested to change the approved clay barrel roof tile to a flat clay tile roof. He showed slides of several homes in Palm Beach using the flat clay tile roof and a sample of a Norman tile he that he is �l proposing. Mr. Marsh stated that the neighbors had no objections to the flat roof tile. Mr. Frankel and Mrs. Anderson believe that flat tile roofs are not consistent on a Mediterranean style home and are concerned that it might set precedence if this is allowed. Chairman Wheeler commented that the flat tile is not prohibited but the Board is concerned that cheaper versions of the tiles would be used on Mediterranean style homes in the future. a. LEVEL 2 ARCHITECTURAL/SITE PLAN REVIEW requesting to change the previously approved clay barrel -roofing tile to flat clay roofing tile on the Mediterranean style home under construction. Mr. Kent moved and Mrs. Anderson seconded to approve the Level 2 Architectural Site Plan Review based on a finding that the proposed flat clay -roofing tile meets the minimum intent of the Design Manual and applicable review standards. Roll Call: Mr. Kent; AYE, Mr. Frankel; AYE, Mrs. Anderson; AYE and Chairman Wheeler; AYE VII. Items related to previous approval. A. 3138 Gulf Stream Road; final landscape plan Town Manager Thrasher reminded that when the new home was approved a condition of approval was that the Board approves the final landscape plan. Mr. Murakami displayed a revised landscape plan and explained that the hardscape plan has been changed from a non -pervious material to a pervious paver brick material. He added that more trees are being added to screen the garage. Chairman Wheeler complimented the new landscape and suggested that three more palms be added on the north side (blank wall) and the landscape lightening wattage be lowered. Mr. Murakami and Mr. Stevens thanked the Board for the suggestions and agreed to the changes. Mr. Kent moved and Mrs. Anderson seconded to approve the landscape plan as revised and amended. Roll Call: Mr. Kent; AYE, Mr. Frankel; AYE, Mrs. Anderson; AYE and Chairman Wheeler; AYE B. 2918 N. Ocean Blvd.; roof color on addition Mr. Swilley explained that the improvements had previous approval at the March 8, 20002 meeting. Part of the approval was that the roof of the addition matches the existing roof. Architectural Review & Planning Board Regular Meeting & Public Hearing October 23, 2003 Page 6 Mr. Swilley stated that he has not been able to find a roof tile to match the existing and is proposing to reroof the entire house, and produced a sample of the roof tile for approval. The Board agreed that a red roof tile is not consistent with a Gulf Stream Bermuda Style home. Since this is a John Volk type home the Board was not sure if this is a clear-cut Gulf Stream Bermuda style J home. Mr. Frankel stated that he is in favor of a red tile roof, and that a white tile roof would look awkward on the home. Mrs. Anderson agreed that the red roof would look better. The Board recommended that studies be made with regard to the definite style of the house. Mr. Frankel moved and Mrs. Anderson seconded to defer action of the red roof tile until the applicant can furnish proof that the style of the homes is improperly classified. Roll Call: Mr. Kent; AYE, Mr. Frankel; AYE, Mrs. Anderson; AYE and Chairman Wheeler; AYE Attorney Randolph suggested that the applicant might want to apply for a variance at the same time in the event the change is not accepted. VIII. Items by Staff. There was none IX. Items by Board Members. There was none. X. Public. There was no comment form the public. XI. Adjournment. Chairman Wheeler adjourned the meeting at 10:25 A.M. Yvnne E. Eckert, CMC De uty Town Clerk Memo Date: Thursday, October 23, 2003 To: All Gulf Stream Town Board Members From: Ms. Susan W. Hansford Re: The line of FCUS TREES & SHRUBS that the MacDonald's planted before approval was given, on his south and my north property line, does not comply with six (6) of the twelve (12) Standards of Architectural/ Site Plan Review. (1) "The proposed project and plans shall comply with the building standards contained in chapter 42 of this Code." Chapter 42, Article IV. Section 42-93 - Code 1978 & 4-7 "In any area of the town where no approved positive drainage systems exists, the following shall be required: (1) Adjoining privately owned properties will not be adversely affected." * The town does not provide a sewage or drainage system and as residents we are required to provide our own within the building codes of Palin Beach County. In 1996, 1 put in a brand new 1.500 -gallon septic tank with a 1.600 -sq. ft. drain field. The building department dictated that the tank and drain field be put in its current location right along my north west property line due to the pitch and swale of my lot. If Mr. MacDonald is allowed to plant ficus on our jointly owned property line, it will be right along side my .septic tank and drain field. The ficus roots are notorious for their highly invasive nature and they also seek the nearest water source, which will be my drainfield. In the time since Mr. MacDonald illegally planted the 50 some ficus trees and bushes their roots have already invaded my drain field and caused 2 sinkholes. This most definitely adversely affects my property. (2) "The proposed project and plans shall comply with the zoning standards contained in chapter 58 of this Code." Chapter 58, Article IV, Section 58-77 - Ordinance No 91-8 6 1 1-21-91 "All development within the town shall blend into the natural setting of the landscape for the enhancement of sound, orderly economic growth and development, and for the protection and preservation of property values, native plant communities and critical habitat for rare, endangered or threatened species or species of special concern." * The proposed design of the landscape, the Ficus trees and bush hedge, blatantly diminish the economic and aesthetic value of my property. Neither does it have congruity with the design and lavout of my home because the view of the Intracoastal and the abundant sunlight was the reason that I purchased the house in 1996 and renovated it. Mr. MucDonald's proposed frcus tree hedge has completely obliterated both my view and available sunshine. (3) "The proposed project and plans shall comply with the zoning standards contained in chapter 66 of this Code, including the Gulf Stream Design Manual" Chanter 66 Article V. Section 66-140 - Ordinance No 95 1 & 2 1-30-Q5 "The purpose of these provisions is to promote harmonious, functional relationships among the various elements within any development to insure physical, social, and economic compatibility with neighboring developments and conditions, as well as with the community at large and to prevent detrimental impacts to the natural environment. * The frcus tree is highly invasive and has been on the "Don't Plant List" of the State of Florida for years now. It is not compatible with anything in its surrounds. (4)"The proposed project and plans shall comply with the zoning standards contained in chapter 66 of this Code, including the Gulf Stream Design Manual" Chanter 66, Article V. Section 66-301 - Ordinance No 91-1, 2 (XXIII K) 1-21-91 For the purpose of preserving and maximizing waterfront views from all properties or lots within the town which abut the Atlantic Ocean, the Intracoastal Waterway, any canal, cove or other similar water body, a fence, hedge or wall placed or erected along any side property line shall not exceed four feet in height within the established setback area. * The 20 ft high frcus trees and ]Oft high frcus bushes have spoiled the waterfront views that my home has became accustomed to over the past almost ten years. i (5) "The arrangement and use of structures, ... walls, fences, landscaping and other site plan elements and improvement shall meet the following standards:" 2 Chapter 66, Article V. Section 66-144 - Ordinance No 97-2, 6 1 7-18-97 "a. Harmonious and efficient organization. All elements of a plan shall be organized harmoniously and efficiently in relation to topography, the size and type of the property affected, and the character of adjoining property. The site shall be developed in a manner that will not impede the normal and orderly development or improvement of surrounding property for uses permitted in this Code." * The totally invasive nature of the ftcus roots is completely incompatible with my septic tank & drain field. The total obstruction of my natural sunlight and original view is completely incompatible with the open neighborly impression, which was the reason that I originally purchased my home in Gulf Stream. (6)"Protection of property values. All elements of the proposed plan shall be designed and arranged to have a minimal negative impact on the property values of adjoining property" * As stated before, the invasive nature of the ficus roots will completely destroy my septic tank & drain field within the next 12 to 18 months. The obstruction of my natural sunlight and original view has had tremendous negative impact on the aesthetics and enjoyment of my home and natural surroundings. Memo Date: Thursday, October 23, 2003 To: All Gulf Stream Town Board Members From: Ms. Susan W. Hansford Re: Variance for non -conforming guest house at 1410 N. Ocean Blvd. 1. Chapter 66. Article VI, Section 302 All accessory structures shall observe the same setbacks required for the principal structures. 2. Chapter 66, Article V, Section 151 In no case shall a variance be granted which is counter to any stated purpose or intent of this Code or which would permit something that is expressly prohibited. 3. Chapter 70, Article IV, Section 75 Additions to structures with existing nonconforming setbacks: (1) Minimum setback. The minimum setback is the extent of existing minimum setback (2) Height of the addition relative to neighboring structures 4. Chapter 70, Article TV, Section 100 Roof and eave heights: (1) The height and number of eave lines and the overall height of a structure play an important role in establishing visual continuity with other structures on the street and maintaining an appropriate residential /human scale. The type of design in the town emphasizes the horizontal dimension of the structure while minimizing the vertical dimension. (a) Preferred: Roof Feature height — 24 feet or less (b) Discouraged: Roof Feature height — between 24 and 28 feet (c) Prohibited: Roof Feature height — greater than 28 feet