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