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HomeMy Public PortalAbout01/27/2005MINUTES 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 27, 2005, 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 Participating: Chris Wheeler Mert Anderson Charles Frankel Perry O'Neal Cynthia Neeves Absent with Notice: Hewlett Kent Also Present and William Thrasher Participating: John Randolph Tony Moreno Rita Taylor Michael Maier John Baccari Chairman Board Member Board Member Board Member Alternate Member Vice Chairman Town Manager Town Attorney Alternate Member Town Clerk Applicant Agent for Maier III. Minutes of the Regular Meeting and Public Hearing of 12-16-04. Mrs. Anderson moved and Mrs. Neeves seconded that the minutes be approved as circulated and all voted AYE. IV. Additions, withdrawals, deferrals, arrangement of agenda items. There were none. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing A. February 24, 2005 @ 8:30 A.M. b. March 24, 2005 @ 8:30 A.M. c. April 28, 2005 @ 8:30 A.M. d. May 26, 2005 @ 8:30 A.M. e. June 23, 2005 @ 8:30 A.M. f. July 28, 2005 @ 8:30 A.M. O Chairman Wheeler announced these dates and requested that the April 28th meeting be changed to April 218t. There were no objections. Chairman Wheeler asked if there were any exparte communications to declare. Mrs. Anderson declared that she had spoken with Mr. Maier and Staff. Town Clerk Taylor asked that all persons who intended to speak please stand to take the Oath. The Clerk administered the Oath to Mr. Maier, and Mr. Baccari. Regular Meeting & Public Hearing Architectural Review & Planning Board Page 2 January 27, 2005 VI. PUBLIC HEARING. (Continued from December 16, 2004) A. Applications for Development Approval 1. An application submitted by John Baccari, agent for Michael and Sandra Maier, owners of the property located at 2554 Avenue Au Soleil, Gulf Stream, Florida, legally described as Lot 44, Place Au Soleil Subdivision. Mr. Maier stated that at the previous meeting he was directed to make �) minor changes to the layout and add shutters to the windows. He requested that the Board listen to the tape from the previous meeting. Mr. Maier believed that clear directions were not given. He displayed a revised site plan and explained that he made the minor changes to the layout by eliminating the angular wall in addition "c" and adding shutters as the Board requested. Chairman Wheeler stated that he was not present at the previous meeting but he has enough information from the application and the minutes. He added that given that the minutes were read and approved, listening to the tape would not be relevant. However, the Chairman requested that the Town Clerk find the section of the tape that is related to the application and then asked if there were any comments. Town Manager Thrasher read the original comments from Urban Design Studio as to the proposed additions and why the applicant does not meet the standards for a variance. He read the comments from UDS on the revised drawing which were that, on the information reviewed, the additions conform more to the pool but are more in keeping with the extension of the existing structure with the angular wall removed. UDS still recommends that the applicant add louvered shutters for all windows on outer elevations to coincide with existing shutters and that landscape material should be.installed in a manner that will help transition the existing building with the new additions as visible from the street and adjacent properties. Mr. Thrasher reminded that the direction of the previous meeting was that the applicant work with Staff on achieving an improved plan. He did not believe that the revised plan meets the intent of the Code. Attorney Randolph advised that whatever transpired at the previous meeting is not applicable to this meeting. He added that there were no conditions of approval at the previous meeting and it is up to the Board to make the recommendation if the addition meets the Code or doesn't. Mr. Frankel felt that the direction at the last meeting was that if the applicant eliminates the angled wall and adds shutters on the windows, the Board would be more in favor of the project. At 8:55 A.M. Attorney Randolph left the meeting. Mr. Baccari stated the Code does not address and define "logical extension" and therefore his client has no clear direction. He pointed out that shutters have been added to the revised drawings. Regular Meeting & Public Hearing Architectural Review & Planning Board Page 3 January 27, 2005 At 9:15 A.M., an attempt was made to play the meeting tape from the December 16th meeting. While the tape was playing, the volume was too low for the for the board members to hear. Mrs. Anderson asked if the applicant consulted an engineer with regards to moving the pool. Mr. Maier stated that he spoke with an engineer and Q he was told it is not possible to move the pool, in that it would cause cracking in the foundation. The general consensus of the Board was that the proposed additions were not a logical extension of the existing structure as is required by Code. Chairman Wheeler suggested that the applicant could redo the plan to meet the Code and not have the need for a variance request, or he could appeal to the Town Commission for a final decision. The Chairman suggested that the Board first make a determination as to wheather the additions are a logical extension of the existing structure. Mrs. Anderson moved and Mrs. Neeves seconded to recommend denial in that the proposed additions do not represent a logical extension of the existing structure. Roll Call: Mrs. Anderson; AYE, Mrs. Neeves; AYE, Mr. Frankel; NAY, Mr. O'Neal; NAY, and Chairman Wheeler; AYE. In as much as it was determined that a variance is required for these improvements, the Chairman asked the agent to present the 8 point of justification. The Town Manager asked Mr. Maier and Mr. Baccari if these justifications were what they had submitted, in as much as they were read from the copy of the Town Clerk's application. Both confirmed the justifications were what they had prepared and submitted. The Board discussed the variance request and concluded that not all eight criteria for granting the variance have been met. a. VARIANCE from the provisions in Section 70-107(b)(1) and (3) to permit additions to an existing Gulf Stream Bermuda style structure that do not conform with all standards for this architectural style and do not represent a logical extension of the existing structure. Mrs. Anderson moved and Mr. Frankel seconded to recommend denial of the Variance in that the eight criteria have not been met. Roll Call: Mrs. Anderson; AYE, Mrs. Neeves; AYE, Mr. Frankel; AYE, Mr. O'Neal; AYE, and Chairman Wheeler; AYE. b. SPECIAL EXCEPTION as provided for in Section 70-75(c) to permit additions, which will not encroach into any setback areas, to a structure with an existing non- conforming front setback. Mrs. Anderson moved and Mr. Frankel seconded to recommend denial of a Special Exception in that the variance request was not recommended and, Regular Meeting & Public Hearing Page 4 Architectural Review & Planning Board January 27, 2005 in addition, the additions do not represent a logical extension of the existing structure and are not consistent with all applicable design standards for review when considering additions to structures with existing nonconforming setbacks. Roll Call: Mrs. Anderson; AYE, Mrs. Neeves; AYE, Mr. Frankel; AYE, Mr. O'Neal; AYE, and Chairman Wheeler; AYE. c. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit one- story additions consisting of 1,166 square feet to an existing Gulf Stream Bermuda style dwelling. Mrs. Anderson moved and Mrs. Neeves seconded to recommend denial of a Level 3 Architectural/Site Plan in that the variance request and special exception were not recommended. Roll Call: Mrs. Anderson; AYE, Mrs. Neeves; AYE, Mr. Frankel; AYE, Mr. O'Neal; AYE, and Chairman Wheeler; AYE. Chairman Wheeler thanked the applicant for the presentation. Mr. Maier stated that he did not believe he had an objective hearing in that he did not have clear direction and the Board had not heard the previous meeting's tape. VII. Items by Staff. Town Manager Thrasher reported that the code book is being sent to Municipal Code for codification. He added that the Town Commission approved two additional items, which are generator placement and general nuisances. VIII. Items by Board Members. Mr. Frankel asked the status on the AlA bike path. Mr. Thrasher stated that two multifamily developments have been contacted regarding moving items out of DOT right-of-way. The Town has not received any correspondence from DOT but nevertheless, Attorney Randolph wrote a letter to DOT emphasizing the Town's position. IX. Public. There were no comments from the public. X. Adjournment. Chairman Wheeler adjourned the meeting at 9:55 A.M. JD�.� Y nne E. Ecker, CMC __ VV uty Town Cletrk