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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 Regular Meeting & Public Hearing Page 2 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 Regular Meeting & Public Hearing 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