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HomeMy Public PortalAbout07/23/2009D 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, JULY 23, 2009 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Chairman Ganger called the meeting to order at 8:30 A.M. II. Roll Call. Present and Participating: Robert W. Ganger Donna White Thomas Smith Scott Morgan Malcolm Murphy Absent with Notice: Amanda Jones Also Present and Participating: William Thrasher Rita Taylor Inge Holt Thomas and Diane Mulvey Chairman Vice -Chairman Board Member Board Member Alternate Member Board Member Town Manager Town Clerk Agent/Owner, 945 Indigo Point Property Owners, Place Au Soleil III. Minutes of the Regular Meeting and Public Hearing of 6-25-09. Mr. Morgan moved and Mrs. White seconded to approve the minutes as circulated. All voted AYE. IV. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes to the agenda. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. September 24, 2009 @ 8:30 A.M. b. October 22, 2009 @ 8:30 A.M. c. November to be determined. d. December 24, 2009 @ 8:30 A.M. e. January 28, 2010 @ 8:30 A.M. Chairman Ganger noted that there would be no August meeting. He asked Town Clerk Taylor if there were any cases set to be heard at the September meeting. Clerk Taylor said that there may be at least one, possibly two. Chairman Ganger asked if there were any ex -parte communications concerning the Public Hearing item. He stated that he drove by the property. There were no ex -parte communications. Town Clerk Taylor administered the oath to Mr. Inge Holt, Mr. Thomas Mulvey and Mrs. Diane Mulvey. VI. PUBLIC HEARING. A. Applications for Development Approval Regular Meeting Architectural Review & Planning Board Page 2 1. An application submitted by Inge Holt, as agent and owner of property located at 945 Indigo Point, Gulf Stream, Florida, which is legally described as Lot 72, Place Au Soleil Subdivision. a. LEVEL 2 ARCHITECTURAL/SITE PLAN REVIEW to permit the installation of decorative aluminum shutters that are the same color as the principal building. Mr. Inge Holt, owner of the property, introduced himself while his neighbor, Thomas Mulvey, distributed a Petition which was circulated to, and signed by, Mr. Holt's friends and neighbors in Place Au Soleil in support of his home improvement project. Mr. Holt said he has impact windows and would like to install the white shutters for decorative purposes. The original shutters were white and were removed to repaint the home and now he would like to put white shutters back on. He said that he was not aware of a code in Gulf Stream prohibiting white on white or that required him to present such a request to the ARPB. Chairman Ganger asked Mr. Holt if the home was white when he bought it. Mr. Holt said it was a grayish shade and he painted the house white. He said he spoke to his neighbors and asked for comments regarding the white on white and there were no objections. Mr. Morgan asked about the two different styles of shutters, Bahama and Colonial. Mr. Holt said the Bahama -style shutter is on the second floor providing shade to an area of the home which is exposed to the sun all day. Mr. Morgan asked if the Colonial shutters were for the other windows, both front and rear, and Mr. Holt confirmed that. Chairman Ganger asked Mr. Holt if there were shutters on the top windows when he bought the house and Mr. Holt confirmed that. Chairman Ganger asked if they were simply replacing what was originally there and if the white is the same as the original white color. Mr. Holt confirmed that. Mr. Holt asked the Board to take into consideration that "the house was a dump when he bought it." Mr. Morgan asked if outside of the home, except for the stone front, is wood or preformed concrete. Mr. Holt said it is wood. Chairman Ganger recalled that the home faces south and has direct exposure to the sun all day. Mr. Smith asked Town Manager Thrasher if a precedent had been set in the past for a special condition such as this. Town Manager Thrasher stated that, to his knowledge, the Town has not allowed such a condition, and added that if the home was a different color, even a darker white, and the white shutters were in contrast, it would be fine. However, a combination of the work done and the changes made has caused this condition to exist. Chairman Ganger asked if this is a discouraged condition rather than prohibited. Town Manager Thrasher said it is discouraged, but the Code does not speak to it as a discouraged element. With regard to the value of the home, the portion of the cost of the shutters to the value of the home as per documented by public Regular Meeting Architectural Review & Planning Board Page 3 record does not trigger a Level II. In addition, the square footage is not increased, which does not trigger a Lever II. In a Level II and a Level III there are some discouraged elements allowed. Therefore, the Code does not speak to this condition. Town Manager Thrasher believes that the creation of the Code as it exists, devoid of comments, seems to speak to the intent of zero tolerance of this condition. Chairman Ganger asked Town Manager Thrasher if this condition would be a Level II if the �) costs incurred by an owner to turn a dump into a castle were considered. Town Manager Thrasher said it would not. Mr. Morgan stated that the purpose of the Code, Section 70-241, is to preserve the characteristics of the Bermuda style. Looking at the home's contrasting colors of the roof, stone and woodwork siding, he thought the white shutters would look good and would be in keeping with preserving the character of the home, which is not a true Bermuda style. Town Manager Thrasher said that there is a section of the Code, district wide and area wide, in which this condition is referenced. Therefore, regardless of the style of the home, it speaks to that condition. Chairman Ganger said that had the front fagade not been stone, he may not have liked this option, but as he drove by the home he thought the white shutters would look good against the stone. Chairman Ganger said he believes they are dealing with a nuance of a properly written and correct Code, not esthetics, and must consider whether or not the Code covers all intentions. He commended Mr. Holt on the improvements made to date and said he remembered what the home looked like before Mr. Holt purchased it. Chairman Ganger asked Town Clerk Taylor if the Town has received comments concerning this matter and Clerk Taylor said there were none. He asked if the neighbors were given notice of this matter and Clerk Taylor said the neighbors were notified and the Town received no comments, written or otherwise. Chairman Ganger asked Town Manager Thrasher if his recommendation concerning this matter would have been influenced by comments from Mr. Holt's neighbors. Town Manager Thrasher said "absolutely not." Mrs. White confirmed with Town Manager Thrasher that this is not a variance and the Board has the right to approve it at this level. Town Manager Thrasher said it is not a variance and the Board has the authority to approve. He said, his job is to administer the Code and believes he is doing so fairly, equitably and consistently, and to do anything otherwise would violate those three principals. Chairman Ganger asked Mr. Holt if his supplier provided a range of shades of white. Mr. Holt said they did, but his wife made the decision and he must support it. Mrs. Mulvey added that the white aluminum shutters will be high gloss, not the flat white paint on the home, and will tie in with the white aluminum railings and white aluminum fence. Chairman Ganger asked if there was a functional benefit from high gloss as opposed to flat Regular Meeting Architectural Review & Planning Board Page 4 and Mrs. Mulvey said that it will be easier to wash down. Mr. Holt stated that, when reading the Code, he interpreted it to say that the white on white is not directly forbidden and that the issue could be taken up with the Review Board and asked Town Manager Thrasher if his interpretation was correct. Town Manager Thrasher explained that there are three different levels; Level I, Level II and Level III, and he has direct authority over Level I only, which includes shutters, windows and roofs. However, when the Code speaks to a discouraged item, he no longer has the authority to make a determination and the matter is then presented to the Architectural Review and Planning Board. Town Manager Thrasher said that he believes in the Code and believes that the purpose of the Code has exhibited itself in the Town's property values, history and values that the majority of the residents have maintained. Chairman Ganger said he believes the process works and the Town is the envy of its neighbors. Mr. Morgan said that he has always appreciated Town Manager Thrasher's enforcement of the Code and that the consistency is what is so important to the Town. He also believes the white shutters enhance the home and that there are enough distinguishing features to the home to allow him to overlook the discouraged notion of the shutters. Mr. Morgan moved and Mr. Smith seconded to approve the Level II Architectural/Site Plan based on a finding that the proposed shutter color of white, although not contrasting to the principal building, does meet the minimum intent of the Design Manual and applicable review standards. All voted AYE. Chairman Ganger asked Mr. Holt how long he has owned the property and Mr. Holt said it has been about 18 months. Chairman Ganger asked Mr. Holt when they planned to install the shutters and Mr. Mulvey responded by saying it would be about six weeks. Chairman Ganger thanked Mr. Holt and Mr. and Mrs. Mulvey for coming before the Board. VII. Items by Staff. There were no items by Staff. VIII. Items by Board Members. There were no items by the Board Members. IX. Public. There were no items brought forth by the Public. X. Adjournment. Chairman Ganger adjourned the meeting at 8:55 A.M. ,15'ail C. Abbale Administrative Assistant