HomeMy Public PortalAbout01/25/2007MINUTES 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 25, 2007 AT 8:30 A.M., IN THE TOWN HALL,
100 SEA ROAD, GULF STREAM, FLORIDA.
I. Call to Order.
A.M.
Chairman Kent called the meeting to order at 8:35
II. Roll Call.
C Present and
Participating: Hewlett Kent
Charles Frankel
Perry O'Neal
Donna White
Robert W. Ganger
Amanda Jones
Also Present and William Thrasher
Participating: John Randolph
Rita Taylor
Matthew O'Connor
Brian Collins
Chairman
Vice Chairman
Board Member
Board Member
Board Member
Alternate Member
Town Manager
Town Attorney
Town Clerk
Owner/Agent
Agent for O'Connor
III. Minutes of the Regular Meeting and Public Hearing 12-18-06.
Mr. Frankel moved and Mr. Ganger seconded that the minutes be
approved as circulated with the correction on page 2 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
a. February 22, 2007 @ 8:30 A.M.
b. March 22, 2007 @ 8:30 A.M.
c. April 26, 2007 @ 8:30 A.M.
d. May 24, 2007 @ 8:30 A.M.
e. June 28, 2007 @ 8:30 A.M.
f. July 26, 2007 @ 8:30 A.M.
Chairman Kent announced these dates and advised that he would not be
present for the March 22nd meeting.
CThe Chairman asked if there were any exparte communications to declare.
Mr. O'Neal, Mr. Frankel and the Chairman disclosed that that they had
spoken with Staff. Mr. Ganger stated that he had driven by the site.
Town Clerk Taylor asked that all persons who intended to speak please
stand to take the Oath. The Town Clerk administered the Oath to Mr.
O'Connor and Mr. Collins
VI. PUBLIC HEARING.
A. Applications for Development Approval
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Architectural Review & Planning Board January 25, 2007
1. An application submitted by Matthew and Jennifer O'Connor,
Agent and Owners of property located at 549 Golfview
Drive, Gulf Stream, Florida, legally described as Lot 27,
Gulf Stream Cove, for the following:
Mr. O'Connor displayed a color rendering and site plan of the proposed
dwelling. He explained that he has confirmation from the Army Corp of
�i Engineers which states that 23 percent of his property is submerged
land. The Army Corp of Engineers would allow him to recapture his land,
however, the Department of Environmental Protection would not allow him
to fill this area due to the presence of Johnson Grass. Mr. O'Connor
requested that he be permitted to count the submerged land in the lot
size when computing the floor area ratio. A new 8,958 sq. ft. two-story
Bermuda style dwelling with two detached guest houses is planned.
He explained that the existing home is over 9,000 sq. ft. and the set-
backs do not meet the current Code. He added that at a previous
meeting, the Town Commission approved to designating both the north and
west property lines as the rear property lines. Mr. O'Connor read and
addressed all eight criteria for a Variance.
Chairman Kent did not believe that criteria 1, 3 and 7 have been met. He
added that there other properties in town that have submerged land and
they are not allowed to use the submerged land to be included in the
lot size used to compute the maximum floor area ratio.
Mr. Ganger and Mr. O'Neal was concerned that approving the Variance
would set precedence for other property owners. However, they believe
this is a unique situation and that the applicant is trying to comply
with the Code.
Attorney Randolph explained that approving the Variance would not set a
precedence in that each Variance application is viewed individually.
Town Manager Thrasher mentioned that he is only aware of one home in
Town that was allowed to fill in submerged land. That was a cooperative
effort between the property owner and the Town of Gulf Stream, to allow
the Town to acquire an easement for the installation of a drainage pipe
to the intracoastal. However, the submerged land was not allowed to be
included in the lot size used to compute the maximum floor area ratio.
The Town Manager did not believe that criteria 1, 3, 4, 5, and 7 have
Obeen met.
Mrs. White, noting the way that the lot is cut back, asked if that was
unique, and if it is a hazard to boat traffic.
Mr. Frankel asked that if the applicant wanted to redesign the existing
home, would he be allowed?
The Town Manager explained that the channel for the waterway is 140 ft.
wide and the cut back is not in the navigable portion of the waterway.
But, whether it is a safety issue, he was not sure. With regard to
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Architectural Review & Planning Board
Page 3
January 25, 2007
renovating the existing home, he explained that there are some
restrictions in the Code which allow for a percentage of the appraised
value of the work to be done. However, if the improvements are 75
percent or more, the applicant must comply completely with the current
Code.
OMr. Frankel complimented the design of the home and explained that
all eight criteria must be met in order to grant a Variance. However,
the ARPB is a recommending body and he recommended that the applicant
present his case to the Town Commission.
Mr. O'Connor thanked the Board for their recommendations and suggested
that standard 1 for a variance be revised to accommodate extenuating
circumstances. He believes the footprint of the home is in compliance
with the code with the exception of the second floor.
a. VARIANCE to allow 8,958 sq. ft. of submerged land to
be included in the lot size used to compute the
maximum floor area ratio permitted.
Mr. Frankel moved and Mr. O'Neal seconded to recommend denial of a
Variance given in that all eight criteria have not been met. Roll Call:
Mrs. White; NAY, Mr. Frankel; AYE, Mr. Ganger; NAY, Mr. O'Neal AYE, and
Chairman Kent; AYE.
b.2 SPECIAL EXCEPTIONS; 1) to permit a 30' rear setback
on waterfront and 2) to permit 300 sq. ft. of roof
projection above the maximum permitted floor area
ratio.
Mr. Frankel moved and Mr. Ganger seconded to recommend approval of
Special Exception 1) to permit a 30' rear setback on waterfront with the
condition that the Town Commission approves the Variance. Roll Call:
Mrs. White; AYE, Mr. Frankel; AYE, Mr. Ganger; AYE, Mr. O'Neal AYE, and
Chairman Kent; AYE. No action was taken on Special Exception 2.
c. LAND CLEARING PERMIT to clear the building site.
Mr. Frankel moved and Mr. O'Neal seconded to recommend approval of the
Land Clearing with the condition that the Town Commission approves the
Variance. Roll Call: Mrs. White; AYE, Mr. Frankel; AYE, Mr. Ganger;
AYE, Mr. O'Neal AYE, and Chairman Kent; AYE.
d. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the
construction of a 8,958 square foot Bermuda style 2 -
story dwelling, two detached guest houses and a
swimming pool.
No action was taken given that the Variance was recommended for denial.
VII. Items by Staff. There were none.
VIII. Items by Board Members.
Mr. O'Neal suggested that the Board members drive by the property
located at 3145 N. Ocean Boulevard. He believes the improvements are
not what were approved by the ARPB.
IX. Public. There were no comments from the public
Regular Meeting & Public Hearing Page 4
Architectural Review & Planning Board January 25, 2007
X. Adjournment. Chairman Kent adjourned the meeting at 10:00 A.M.
Yv nne E. Eckert, CMC
Deputy Town Clerk