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