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HomeMy Public PortalAbout03/22/2007C� 19 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, MARCH 22, 2007 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. A.M. II. Roll Call. Participating Absent with Notice: Chairman Kent called the meeting to order at 8:35 Hewlett Kent Charles Frankel Perry O'Neal Donna White Robert W. Ganger Scott W. Morgan Amanda Jones Also Present and William Thrasher Participating: John Randolph Rita Taylor Mr. and Mrs. Coon Jeffrey Parker Betsy Cooke Shane Ames Chairman Vice Chairman Board Member Board Member Board Member Alternate Member Alternate Member Town Manager Town Attorney Town Clerk Residents Resident Resident Agent for Coon Chairman Kent welcomed Mr. Morgan as the new alternate member. III. Minutes of the Regular Meeting and Public Hearing of 2-22-07. Mr. Ganger moved and Mr. Frankel 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 a. April 26, 2007 Q 8:30 A.M. b. May 24, 2007 Q 8:30 A.M. c. June 28, 2007 Q 8:30 A.M. d. July 26, 2007 @ 8:30 A.M. e. September 27, 2007 Q 8:30 A.M. Chairman Kent announced these dates and advised that he would not be present for the June 28th meeting. Mrs. White and Mr. O'Neal advised that they might not be present for the June 28th meeting. However, they would check their calendar and inform the Town Clerk. The Chairman asked if there were any exparte communications to declare. Mr. Frankel, Mr. Ganger and Mr. O'Neal disclosed that that they had spoken with Staff. Regular Meeting & Public Hearing Architectural Review & Planning Board Page 2 March 22, 2007 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. Parker, Mr. and Mrs. Coon, Mrs. Cooke and Mr. Ames. VI. PUBLIC HEARING. A. Applications for Development Approval C 1. An application submitted by Shane Ames of Ames Design, as Agent for Nicholas R. Coon & Paul Condon the owners of property located at 4110 County Road, Gulf Stream, Florida, which is legally described in metes and bounds in Section 24, Township 45 South, Range 43 East in Gulf Stream Co. Mr. Ames displayed a site plan and color rendering of the proposed home. He explained that the lot is very unusual in that it slopes downwards 12-14 ft. The improvements include demolishing the existing structure and constructing a 4,280 sq. ft. two story Gulf Stream Bermuda style house with a new pool and basement. He added that the second story is setback in the center of the structure to prevent massing. Chairman Kent complimented the design. Mrs. Cooke -4240 County Road, complimented the design of the proposed home. She expressed concerns about the height and that the landscaping is not enough to provide privacy. Mr. Ganger asked when the original house was built and if the garage doors would be visible to the neighbors. He asked if there would be any problems getting larger trees for the landscaping. Mr. Ames distributed a survey of the original house, stating that it was built in the early sixties. He stated that six fully -grown trees and a 6' ficus hedge would be installed. Mr. Ames explained that there are two small windows on the southern elevation facing the neighbors, however, they are not viewing windows and that the garage doors would not be seen by the neighbors. He stressed that every effort would be made to ensure the privacy of the neighbors. Mr. Frankel suggested adding a condition of approval that the landscape plan be approved by the town manager prior to issuance of a certificate Oof occupancy. Town Manager Thrasher asked if the house would be demolished immediately. He advised that there are restrictions on demolition during certain times of the year. However, in special circumstances, approval would be given for demolition. He asked the Coons to read the conditions of approval on his staff report and asked if they understood and agreed with them. The town manger expressed concerns that the uninhabitable areas remain so and he prefers to have the ability to verify such with a 30 -day notice to the homeowner. Mr. Ganger asked what the solution would be if the uninhabitable space becomes livable. Regular Meeting & Public Hearing Architectural Review & Planning Board Page 3 March 22, 2007 Mr. Ames stated that according to code there could never be a bedroom in the basement because of window height restrictions. He added he would be applying for a demolition permit upon approval of the application. Mr. Coon stated that he has conformed to the whole Code concerning the design of the home and he has already stated that the basement would be Oused as a garage. He said is not comfortable with the last sentence in condition four regarding inspection of the basement. Attorney Randolph advised that the matter would have to go to code enforcement. He added that he is not familiar such a clause in Gulf Stream. However, he could draft an agreement that both parties could agree upon or include as a condition of approval, "upon a written complaint or the sale of the property, the town manager has the right tc inspect the uninhabitable area within 30 days". a. SPECIAL EXCEPTION #1 to permit reduced minimum setback requirements due to the property being less than 13,000 sq. ft. in size as provided in Section 70- 75(e)(1) of the Code of Ordinances as follows: Side setback for principal structure, 10' min. ea. Rear setback for principal structure, 15' min. Rear setback for accessory structure, 10' min. Mr. Frankel moved and Mr. Ganger seconded to recommend approval of a Special Exception to permit reduced minimum setback requirements due to the property being less than 13,000 sq. ft. in size as provided in Section 70-75 (e) (1) of the Code of Ordinances as follows: a. Side setback for principal structure, 10 ft. minimum each side. (b) Rear setback for principal structure, 15 ft. minimum. (c) Rear setback for accessory structure, 10 ft. minimum. Roll Call: Mrs. White; AYE, Mr. Frankel; AYE, Mr. Ganger; AYE, Mr. O'Neal AYE, and Chairman Kent; AYE. SPECIAL EXCEPTION #2 to permit unenclosed covered porch areas that exceed the maximum permitted FAR by 115 sq. ft. Mr. Frankel moved and Mr. Ganger seconded to recommend approval of a Special Exception to permit unenclosed covered porch areas that exceed the maximum permitted FAR by 115 sq. ft. with the condition that prior to the issuance of a certificate of occupancy, the owner of the property shall prepare and record a deed restriction which shall provide that all roof projection areas required to remain unenclosed as per approval of the special exception shall remain so for as long as the structure is in C) existence or exceed the maximum permissible FAR. Roll Call: Mrs. White; AYE, Mr. Frankel; AYE, Mr. Ganger; AYE, Mr. O'Neal AYE, and Chairman Kent; AYE. c. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to permit the demolition of the existing structure and the construction of a Bermuda style, partial two-story single family dwelling with basement and swimming pool, consisting of 4,280 square feet. Regular Meeting & Public Hearing Page 4 Architectural Review & Planning Board March 22, 2007 Mr. Frankel moved and Mr. Ganger seconded to recommend approval of a Level III Architectural/Site Plan based on a finding that the proposed demolition of the existing structure and the construction of a Bermuda style, partial two story single family dwelling with basement and swimming pool, consisting of 4,280 sq. ft. meets the minimum intent of the Design Manual and applicable review standards with the following conditions: 1) Prior to the issuance of a certificate of occupancy, the owner of the property shall prepare and record a deed restriction which shall provide that all trellis areas remain uncovered as per approval of the Site Plan for as long as the structure is in existence. 2)Prior to permit, spot elevations along the sides of the property will be provided every 20' from front to rear and a sealed survey indicating such shall be provided to Town Hall. 3) Prior to issuance of a certificate of occupancy, an as -built survey shall be provided to Town Hall that includes the same side yard spot elevations. 4) Prior to an issuance of a certificate of occupancy, the owner of the property shall prepare and record deed restrictions which shall provide that all uninhabitable areas and basement areas as per approval of the Site Plan shall remain uninhabitable as long as the structure is in existence. Additionally, the uninhabitable areas shall be verified by the Town Zoning Administrator upon a 30 -day notice in the event of a written complaint and/or a change in ownership. 5) Prior to issuance of a certificate of occupancy, applicant shall submit a revised landscape plan for approval by the town manager. Roll Call: Mrs. White; AYE, Mr. Frankel; AYE, Mr. Ganger; AYE, Mr. O'Neal AYE, and Chairman Kent; AYE. VII. Request for Review of Ordinance 05/2 Sec. 4 Paragraph (6), now codified as Sec. 66-369(6)h., relating to attachment of boat lifts. -Jeffrey P. Parker Mr. Parker -1330 N. Ocean Blvd., thanked the Board for hearing him and the town clerk for all her help. He explained that he currently has a boat docked at his property. However, after he purchased his home, he learned that the town only allowed boatlifts that were attached to the seawall. The purpose for this was to limit the size of boats that could be placed on lifts and to keep the boats that were on lifts from encroaching on the navigable waterways and coves off the intracoastal, within the town limits. Mr. Parker stated that the lifts are unsightly and with the new technology in recent years, the capacity of this type of lift has been increased and now provides lifting capacity for boats Oweighing up to 20,000 pounds. Thus the current ordinance fails to meet the objectives. Mr. Parker stated that he did some research and believed that there is a better way to achieve these objectives. He requested the Board to review the boat dock ordinance where in areas where the open water is significant, property owners be allowed to attach a boatlift to the dock where it would be more aesthetically pleasing or find other alternatives. Mr. Parker asked if the Board wanted to form a committee to address these issues, he added that he would be willing to help, if needed. Mr? Frankel agreed that if the setback and zoning requirements are met, attaching the boatlift to the dock would be more aesthetically pleasing. Regular Meeting & Public Hearing Architectural Review & Planning Board Mr. Ganger asked if the new technology that attaching the boatlift to the dock pleasing, but he is concerned about how long term. Page 5 March 22, 2007 would limit boat size and agreed would be more aesthetically it would affect the town in the Mr. Parker stated that currently there are no restrictions on boat size, only on weight limitation. The Board thanked Mr. Parker for his research. Town Manager Thrasher stated that he was not in favor of forming a committee. He preferred that Urban Design Studio have some input. Mr. Frankel moved and Mr. O'Neal seconded that staff work with Urban Design Studio and Mr. Parker to make a recommendation on boat width/ length and docking. Roll Call: Mrs. White; AYE, Mr. Frankel; AYE, Mr. Ganger; AYE, Mr. O'Neal AYE, and Chairman Kent; AYE. 10:05 A.M., Mr. Ganger left the meeting. VIII. Items by Staff. A. Update RE: Review of Multi -family District Zoning with Urban Design Studios. Town Manager Thrasher explained that the preliminary report on the multi -family district zoning from Urban Design Studios was not ready in time for the meeting. However, there have been discussions between staff and UDS, progress is being made and there should be a report within the next few weeks. IX. Items by Board Members. Chairman Kent asked about the unfinished house at 1428 N. Ocean. Town Manager Thrasher reported that the property is owned by a bank and has a number of open/expired permits with the County. The permits need to be renewed and modified to meet Palm Beach County building codes. The plans are currently being reviewed by an architect. However, no action is taken as yet. X. Public. There were no comments from the public. XI. Adjournment. Chairman Kent adjourned the meeting at 10:10 A.M. Ynine E. Eckert, CMC De uty Town Clerk