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HomeMy Public PortalAbout01/22/2004MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, JANUARY 22, 2004, 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 Participating: Hewlett Kent Muriel Anderson Charles Frankel Perry O'Neal Cynthia Neeves Tony Moreno Also Present and William Thrasher Participating: John Randolph Rita Taylor Manuel Farach Ron Inman III. Minutes. Chairman Vice Chairman Board Member Board Member Board Member Alternate Member Alternate Member Town Manager Town Attorney Town Clerk Attorney for Hedberg Property Manager for Hedberg A. Joint Meeting with Town Commission 12-12-03 B. Regular Meeting & Public Hearing 12-18-03 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. Town Manager Thrasher requested to add Item VIII.B. Dock Material and Color. There were no objections. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public 2. Regular Meeting & Public 3. Regular Meeting & Public 4. Regular Meeting & Public 5. Regular Meeting & Public 6. Regular Meeting & Public Chairman Wheeler announced these dates. would not be present for the March 25th Hearing 2-26-04 @ 8:30 A.M. Hearing 3-25-04 @ 8:30 A.M. Hearing 4-22-04 @ 8:30 A.M. Hearing 5-27-04 @ 8:30 A.M. Hearing 6-24-04 @ 8:30 A.M. Hearing 7-22-04 @ 8:30 A.M. Mrs. Anderson reminded that she meeting. Chairman Wheeler asked if there were any exparte communications to declare. Mrs. Anderson and Chairman Wheeler disclosed they had spoken with staff. Chairman Wheeler asked that all persons who intended to speak please stand to take the Oath. Town Clerk Taylor administered the Oath to Mr. Farach and Mr. Inman. Regular Meeting & Public Hearing Architectural Review & Planning Board January 22, 2004 Page 2 VI. PUBLIC HEARING. A. Applications for Development Approval 1.An application submitted by Manuel Farach, as Agent for Donald Hedberg, the owner of property located at 700 Wrightway, Gulf Stream, Florida, which is legally described Oas Lot 1, H. V. Pope Subdivision. Mr. Farach displayed a site plan rendering and distributed photographs of similar docks and boatlifts to the Board. He explained that due to the abundance of mangroves and the property being on the open intracoastal waterway, the variance is being requested to allow the existing boatlift, which is attached to the dock to remain. He added that the application is consistent with the code and this allows for safe navigation and would permit safe docking by the neighbor to the south. Mr. Farach said that notices were sent to surrounding neighbors and there were no objections. With regard to the second variance, Mr. Farach stated that a portion of the dock exceeds the maximum permitted width of 5 foot and explained that it was installed as an added safety measure. He acknowledged that the code is very clear that this is not allowed and recommends that it be removed. Attorney Randolph asked if the second variance for the dock is being withdrawn and if there were any other testimonies to support the application. Mr. Farach stated that the second variance for the dock is withdrawn and he asked Mr. Inman to testify that everything presented is true and correct. Mr. Inman stated that everything presented is true and correct. Chairman Wheeler asked how much unobstructed seawall there is. Mr. Farach said there is 125 feet. Chairman Wheeler explained that a variance request is easy to obtain if the applicant meets all eight criteria. Chairman Wheeler commented that the property had a hoist lift attached to the seawall in the past and he believes that 125 feet is more than enough space to attach the boatlift on the seawall and does not feel that this is a hardship. The Board discussed the request and they came to the conclusion that all of the criteria has not been met to grant the variance, particularly numbers 1 and 4. Mr. Kent advised that the boatlift could be placed within the setback on the south side of the property and the mangrove on the north side where it could be accessible from the house and also incorporate a dock to conform to the code. Mr. Inman stated that if the boatlift were attached to the seawall, a portion of the dock would have to be removed. He added that moving the Regular Meeting & Public Hearing Architectural Review & Planning Board Page 3 January 22, 2004 boatlift 5 feet closer to the seawall would not allow the owner to use the boat during low tide. Furthermore, they would need to dredge annually because of the open intracoastal, which would be very costly to the homeowner. Mr. Frankel commented that many people with boats who have a problem �) with wake usually load and unload elsewhere or keep their boat somewhere else. Chairman Wheeler stated that cost could not be considered when granting a variance. He believes that if the boatlift were attached to the seawall there would still be abundant room to navigate a boat. a. VARIANCE to allow a boatlift to remain that is attached to a dock rather than the seawall which is in violation of Section 66-369(6)f, and which was installed without a permit being applied for. Mr. Kent moved and Mr. Frankel seconded to recommend denial of the variance based on a finding that it does not meet all the criteria for a variance. Roll Call: Mr. Kent; AYE, Mr. Frankel; AYE, Mrs. Anderson; AYE, Mr. O'Neal; Aye and Chairman Wheeler; AYE. b. VARIANCE to allow a dock that was installed without obtaining a building permit, a 12' long portion of which exceeds the maximum permitted width of 5' as provided in Section 66-369(6)b., by 212". This request was withdrawn by Attorney Farach. C. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to allow to remain, a nonconforming dock and a nonconforming boat lift which were installed without a permit being issued. Mr. Frankel moved and Mrs. Anderson seconded to recommend denial of the Level 3 Architectural Site Plan Review. Roll Call: Mr. Kent; AYE, Mr. Frankel; AYE, Mrs. Anderson; AYE, Mr. O'Neal; Aye and Chairman Wheeler; AYE. VII. Items related to previous approval. A. 1428 N. Ocean Blvd. (continued from 12-18-03) 1. Request to change color of roof -Delray Ocean Estates The applicant was not present. No action was taken. VIII. Items by Staff. A. Requesting recommendations related to the Joint Meeting held December 12, 2003 with the Town Commission. Town Manager Thrasher asked for direction with regard to point of reference and cubic content. He added that to date he has not received a recommendation from Urban Design Studio. Chairman Wheeler and The Board deferred making a decision until the next meeting. B. Dock Material and Color. Town Manager Thrasher distributed a sample of dock material that was installed and asked for approval from the Board. Mr. Kent moved and Mrs. Anderson seconded to approve the synthetic dock material with a wood Regular Meeting & Public Hearing Architectural Review & Planning Board January 22, 2004 Page 4 grained finish and grey in color. Roll Call: Mr. Kent; AYE, Mr. Frankel; AYE, Mrs. Anderson; AYE, Mr. O'Neal; Aye and Chairman Wheeler; AYE. IX. Items by Board Members. There were none. X. Public. There were no comments from the public. XI. Adjournment. Chairman Wheeler adjourned the meeting at 9:20 A.M. onne E. Eckert, CMC D putt' Town Clerk