HomeMy Public PortalAbout05/26/2011MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE
ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM,
FLORIDA ON THURSDAY, MAY 26, 2011 AT 8:30 A.M., IN THE TOWN HALL, 100
SEA ROAD, GULF STREAM, FLORIDA.
I. Call to Order
8:30 A.M.
II. Roll Call.
Present and
Participating
Absent w/Notice
Also Present and
Participating
Chairman Ganger called the meeting to order at
Robert Ganger
Scott Morgan
Charles Frankel, III
Malcolm Murphy
Thomas Smith
Amanda Jones
William H. Thrasher
Rita L. Taylor
Robert Fetrow of
Gator Engineering
William Wietsma of
William Wietsma Co.
Quinn Miklos of
Miklos & Assoc., Inc.
Chairman
Vice -Chairman
Board Member
Board Member
Board Member
Alternate Member
Town Manager
Town Clerk
Agent for Hardiman
Agent for Klein
Agent for Swift
III. Minutes of the Regular Meeting and Public Hearing of 4-28-11.
Chairman Ganger referred to Page 11 of the Minutes and a statement made
by Mark Marsh during his presentation of the dune crossover for the
Silverman property wherein he stated "years ago the bulkhead was built
because there was no beach." Chairman Ganger said the statement was
made; however, it is inaccurate. He said, to the contrary, there was a
very large beach at that time and there are photos indicating that. He
asked that the 4/28/11 Minutes be amended to reflect his comment. Vice -
Chairman Morgan moved and Mr. Frankel seconded to approve the Minutes of
April 28, 2011 with the addition of Chairman Ganger's comment. There
was no discussion. All voted AYE.
Clerk Taylor asked Chairman Ganger if he would like her to include
Commission Meeting minutes in the ARPB packets in the future. Chairman
Ganger said it would be helpful to at least include the Public Hearing
portion of the Commission minutes.
C�Mr. Frankel said he thought the ARPB decided that the surface of the
tennis court at 1314 N. Ocean Blvd./Binnie did not have to remain clay
and asked for clarification. Chairman Ganger said the ARPB recommended
approval with the condition that the clay tennis court would remain clay
and recommended any changes to the tennis court surface would have to be
a separate application. Chairman Ganger said the Town Commission
approved the Level III Architectural/Site Plan omitting the tennis court
condition.
Chairman Ganger said, for the record, the Town Commission did not
approve the gray roof on either 1314 N. Ocean Blvd./Binnie or 554 Palm
Way/Davis. He said approval of the gray slate -look tile would be
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Regular Meeting and Public Hearing - May 26, 2011 Page 2
subject to the architects coming back to the Commission with further
evidence, such as brochures, photos and a sample of the actual tile to
be used, showing that the roof tile material is in fact slate -like and,
in addition, they requested addresses where the specific roof tile has
been applied in the event they would like to drive by for a look.
With regard to Coon-Condon/4110 County Road, Chairman Ganger asked Mr.
C) Thrasher if anything had been done to the property as directed by the
ARPB. Mr. Thrasher said the driveway was finished and approved;
however, the gates have not been installed. He said he made several
calls to the owner and has had no response. Vice -Chairman Morgan asked
if the slope of the driveway was approved. Mr. Thrasher said he will
look into the butting grade change and if he cannot determine compliance
he will have a surveyor come in. He said the slope can be whatever they
want, but the concern is how grade changes relate to the ceiling height
of the basement. Chairman Ganger said their 30 days to comply with ARPB
recommendations have expired.
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. June 23, 2011 @ 8:30 A.M.
b. July 28, 2011 @ 8:30 A.M.
c. No meeting in August 2011
d. September 22, 2011 @ 8:30 A.M.
e. October 27, 2011 @ 8:30 A.M.
f. November to be determined
Chairman Ganger asked if there would be a June meeting. Clerk Taylor
said there were no applications at this time, but there will be a June
meeting to clean up loose ends. Mr. Smith asked if there was any
interest in the Alternate Member position and Clerk Taylor said no.
VI. PUBLIC HEARING.
Clerk Taylor administered the Oath to: Robert Fetrow, agent for
Hardiman; William Wietsma, agent for Klein; and, Quinn Miklos, agent for
Swift. She asked if there were ex -parte communications concerning any
of the applications being heard during the Public Hearing. Mr. Frankel
said Mr. Wietsma was present when he stopped by Town Hall to speak with
staff and he showed him the drawings for the Klein application.
A. Applications for Development Approval
1. An application submitted by Robert Fetrow, Gator
Engineering, as Agent for Mr.& Mrs. Joseph Hardiman,
owners of property located at 540 Old School Road,
Gulf Stream, Florida, which is legally described as Lot 1,
Blk. 3, Polo Fields #1 Subdivision, Gulf Stream, Florida.
a. SPECIAL EXCEPTION to permit a rear, waterfront setback
in the Core Design District of 30 feet.
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b. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit
additions of a 300 square foot covered, unenclosed
porch (replacing a canvas covered open area) and a 69
square foot closet to an existing one-story, single
family Gulf Stream Bermuda style dwelling.
Mr. Robert Fetrow of Gator Engineering Services introduced himself and
O stated his business address as 4781 N. Congress Ave., #270, Boynton
Beach, Florida 33426. He said this is a landscape/hardscape renovation
which includes relocating the swimming pool, installation of a hot tub,
the addition of a 127 SF closet to the master bedroom and the addition
of a rear porch. Mr. Fetrow said they are requesting a special
exception to permit a rear, waterfront setback to allow for the rear
porch. He said there will be two trellises; one running between the
existing pool and the rear of the residence; and, one from the new
closet addition to the hot tub.
Vice -Chairman Morgan asked which new windows will have muntins and
shutters. Mr. Fetrow said there is one new window at the rear of the
closet addition and is shown on the drawing with shutters; however,
there is a conflict with the aluminum beam for the trellis which is
framed into the wall and the shutter is not the full height of the
window. Mr. Fetrow said the trellis would mask the shutter height
issue, but the owner omitted the shutter. Vice -Chairman Morgan said the
drawings show muntins on the windows and the photos do not. Mr. Fetrow
said he believes that none of the windows have muntins. Clerk Taylor
stated that the Code prefers muntins and Chairman Ganger said staff's
recommendations provide a condition that muntins are to be used on new
windows to provide multi -pane window appearance and must match existing.
Mr. Thrasher said if all existing windows are divided it should carry
through the residence, and if it can be observed that the shutter is not
the full height of the window it should not be installed, but if it is
obscured by the beam work of the trellis, the shutters will give a more
consistent look. Mr. Thrasher recommended that a condition of approval
be that that the shutter conflict is to be worked out between the
Engineer, the property owner and the Town Manager.
Mr. Frankel moved and Mr. Smith seconded to recommend approval of a
special exception to permit a rear, waterfront setback in the Core
Design District of 30 feet. There was no discussion. All voted AYE>
Mr. Frankel moved and Mr. Smith seconded to recommend approval of a
Level III Architectural/Site Plan based on a finding that the proposed
O one-story addition of 127 SF (net) to an existing Gulf Stream Bermuda
style, single family dwelling meets the minimum intent of the Design
Manual and applicable review standards with the following conditions:
1. The Town Manager will work with the Engineer and the property owner
to determine whether shutters will be added to new window.
2. The Town Manager will work with the Engineer and the property owner
to ensure that the appearance of the new window matches the existing
windows.
There was no discussion. All voted AYE.
2. An application submitted by William Wietsma, William
Wietsma Co., Inc., as agent for Peter and Jennifer Klein,
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owners of property located at 3157 Polo Drive, Gulf
Stream, Florida, legally described as Lot 6, Gulf Stream
Properties Subdivision, Gulf Stream, Florida.
a. LAND CLEARING PERMIT to remove old vegetation of no
significance and one Royal Palm to clear building
site.
b. DEMOLITION PERMIT to remove all existing structures.
C� c. SPECIAL EXCEPTION to allow 244 square feet of covered,
unenclosed area that exceeds the maximum FAR.
d. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit
construction of a partial two-story Gulf Stream
Bermuda style single-family dwelling with 2 car
garage, consisting of 5,714.4 square feet, and a
swimming pool.
Mr. Wietsma said the proposal before the Board is to replace the 1 -story
house with a new partial 2 -story Gulf Stream Bermuda Style home. He
said there is a swimming pool with a trellised area and there are two
covered loggias in the rear of the house; one two-story and one single -
story. Mr. Wietsma said there is an extensive rear yard and they are
asking for a special exception to allow 244 SF of unenclosed area that
exceeds the maximum allowable FAR to increase the size of covered
outdoor space in the rear. They are adding a breakfast room with a
conservatory appearance from the outside with a copper roof and windows
all around. The site slopes three feet from front to back and in order
to contain drainage they are proposing a small retaining wall around the
perimeter of the property.
Mr. Wietsma said they are asking for the allowance of two discouraged
items; one being a covered entry area with a balcony above with a
railing. He said the railing causes a discouraged item, but there are
French doors on the second level that open to that balcony and a railing
is required. He said the second discouraged item is the height of the
second floor tie beam being increased to 23 feet. Mr. Wietsma said the
first floor will be left at 1016" and the house complies with all zoning
codes.
Vice -Chairman Morgan said he was not impressed by the request for an
overlook of two discouraged items. He said the design seems a bit
massive and asked if there was a neighbor to the east who would face the
higher balcony. Mr. Wietsma said the property is heavily landscaped and
Othere are no privacy issues. Vice -Chairman Morgan felt that the home is
disproportionate in comparison to the homes around it and asked why the
increase in the eave height is so important. Mr. Wietsma said 21 feet
is preferred, but if he has a 10 -foot first floor and a 10 -foot second
floor that leaves him only 12 inches to run duct work in the central
area. He said he needs at least 2 '1 - 3 feet of structure and area to
run duct work between the floors. Mr. Wiestma said the overall height
of the home is within the 30' height limit and the second floor is
purposely set back from the sides of the structure and believes,
proportionately speaking, the house works well. Vice -Chairman Morgan
asked how far the center of the house is set back from the two side
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wings. Mr. Wietsma said it recesses back 20'6" and the second floor
elevation recesses back another 4 feet.
Mr. Smith asked if the wall will go entirely around the property. Mr.
Wietsma said yes, it is a block wall that will be stucco and most of it
will be in -filled with an aluminum railing. Mr. Frankel asked about the
copper boxes and Mr. Wietsma explained that they are collection boxes to
C) catch water from gushing into the courtyard. Mr. Thrasher asked if the
colors in the rendering are accurate and Mr. Wietsma confirmed that.
Mr. Wietsma said the exterior color is Navajo White, the roof is white,
the shutters are a blue green, the front door is mahogany with white
trim and the garage door is white.
Mr. Frankel moved and Mr. Murphy seconded to recommend approval of a
demolition permit. There was no discussion. All voted AYE.
Mr. Frankel moved and Mr. Murphy seconded to recommend approval of a
land clearing permit. There was no discussion. All voted AYE.
Mr. Frankel moved and Mr. Murphy seconded to recommend approval of a
special Exception to allow 244 SF of covered, unenclosed area that
exceeds the maximum allowable FAR. There was no discussion. All voted
AYE.
Mr. Frankel moved and Mr. Murphy seconded to recommend approval of a
Level III Architectural/Site Plan based on a finding that the proposed
demolition of the existing structure and construction of a partial two-
story Gulf Stream Bermuda style single-family dwelling with 2 -car
garage, consisting of 5,714.4 SF, and a swimming pool meet 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 roof projection and unenclosed covered areas shall
remain so for as long as the structure is in existence or exceeds the
maximum permissible FAR.
2. Prior to a certificate of occupancy a Gulf Stream Driveway
Maintenance and Removal Agreement will be signed by the owner and will
be recorded by the Town.
3. All exterior painting colors will conform to the Gulf Stream Code.
4. If not already, electric service lines shall be buried.
5. Placement of a generator shall meet the standards found in Noise
Division III Noise Abatement and control for generators.
O6. Placement of front wall shall be a minimum of 7.5' from the edge of
pavement.
There was no discussion. All voted AYE.
3. An application submitted by Quinn Miklos, Miklos and
Associates P.A., as agent for Constance Swift, owner of
property located at 2562 Avenue Au Soleil, Gulf Stream,
Florida 33483, legally described as Lot 42 & 43 in
Place Au Soleil Subdivision, Gulf Stream, Florida.
a. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit
construction of an attached 2,548 square foot guest
addition and 3 car garage to the existing 7,409 square
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foot, one-story, single family Gulf Stream Bermuda
dwelling.
Quinn Miklos of Miklos & Associates introduced himself and stated his
business address as 2263 NW Boca Raton Blvd., Boca Raton, Florida. He
said he is the architece,and husband of the home owner and has a vested
interest in this project. Mr. Miklos said there are two lots with a
OUnity of Title and what they are proposing is a 2,548 SF guest addition
attached to the existing structure to include a 3 -car garage, two guest
bedrooms and a therapy room. He said it will be a continuation of the
architecture, with colors, windows and shutters matching the existing.
Mr. Miklos said the impact on their neighbors is very important to them
and they plan to maintain their very rich landscaping on the property,
except for one tree. He said there are very high and lush Fishtail
Palms on the property and they cannot see the neighbors. Mr. Miklos was
asked about the entry to the guest addition. He said access is from
outside with a path from the main portion of the house to an outer door
leading to a covered area and into the addition.
Chairman Ganger asked if they are impacted by noise from the FIND
project. Mr. Miklos said occasionally, but they are blocked up with
landscaping and they planted Sea Grapes back in that area. Mr. Thrasher
said that FIND did their landscaping prior to pumping sludge. Mr.
Murphy asked about the proposed floor area and Mr. Miklos said it is
9,957 SF. Vice -Chairman Morgan complimented Mr. Miklos on keeping with
the architectural design and not building up. Mr. Murphy asked if there
have been comments from the neighbors concerning and Mr. Miklos said
only positive comments. Mr. Thrasher said that prior to landscaping of
the vacant lot, there were many comments from neighbors who asked the
Town if they could do something. He said the homeowners voluntarily
installed a new water meter, irrigated the vacant lot, grew grass and
landscaped to a point where privacy is not an issue.
Mr. Thrasher recommended that a condition be added to have the Place Au
Soleil HOA review the plans for their consideration. Mr. Murphy moved
and Mr. Frankel seconded to recommend approval of a Level III
Architectural/Site Plan based on a finding that the proposed attached
2,548 SF guest addition, and a 3 -care garage to the 7,348.5 SF one-story
single-family Gulf Stream Bermuda dwelling meet the minimum intent of
the Design Manual and applicable review standards with the following
conditions:
O1. Prior to a CO the existing shed shall be removed.
2. If the proposed site plan is altered because of the requirements of
the Health Department a revised site plan will require ARPB approval.
3. Proposed plans must be submitted to the Place Au Soleil HOA for
their review and consideration.
Chairman Ganger asked if there was an issue with the Health Department.
Mr. Miklos said the Engineer is working on the septic tank matter, the
Surveyor is working on the drainage plan and there should not be a
problem with the Health Department because, if they cannot connect to
the existing drainage, there is an abundance of land to work with and
they will submit a new plan. Clerk Taylor said they will not get a
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building permit if there is an issue and Mr. Thrasher said this matter
was considered as a condition for approval. Mr. Miklos said he is in
agreement with all recommendations. There was no further discussion.
All voted AYE.
VII. Items by Staff.
O Mr. Thrasher said he had two items for discussion, the first being the
property at 3575 N. Ocean Blvd., which was the Ireland Estate. He said
the property is for sale with only the building pad and garage left in
existence. Mr. Thrasher said the recent approval process for this
project was not successful and, after lengthy discussions with the owner
and architect, they had three options to choose from. He said the first
option was removed by the Town Attorney and the other options were to
either challenge his administrative decision or apply for a variance,
and neither was acceptable to the owner.
Mr. Thrasher said the third option omitted by the Town Attorney concerns
the 75% Rule. He said Mr. Randolph felt that since the house was
totally demolished there was no value and no ability to compare the
addition value to slab value because it would not comply. Mr. Thrasher
said the applicant plans to sell the property as a vacant lot and will
come back to the ARPB for demolition of the garage and slab. He said
there will be conditions for stabilization of the soil set at that time.
Mr. Frankel said some work to rebuild had already begun. Mr. Thrasher
said by the time a conclusion was reached, progression had taken place.
Mr. Smith said he believed the approval was for renovation and asked why
it was totally down. Mr. Thrasher said staff was told that the walls
fell during demolition. He said in order to rebuild they would have to
conform to the Code and all of the setbacks and the original structure
was non -conforming so the slab must go.
Mr. Thrasher said anytime you see a special exception which entails
adding on to an existing structure, we must require a demolition plan be
submitted with data stating that the walls will remain. If the ARPB
does not see a demolition plan the applicant must come back. He said
Code Section 70-107(5) says additions and/or rehabilitation projects
which exceed 75% of the fair market value of the existing structure
shall be considered to be new structures and shall be subject to the
standards found in this chapter. Mr. Thrasher said there have been a
couple of approvals that have been brought back because the demolition
O plan was first observed from the permit application. Clerk Taylor said
the demolition plan must be seen at the time of ARPB application review
because in some cases it is too late when they are applying for a
permit. Mr. Thrasher said he does not feel comfortable reviewing a
demolition plan at the time of permit application to determine a 75%
rule and has enlisted the assistance of the City of Delray Beach in
previous cases for approval. He said Code Section 66.131(7) talks about
destruction through acts of God and fire, in which case it would be 50%
destruction by those forces.
Mr. Thrasher said, in seeking assistance and having conversations, a
written document was provided by Urban Design Kilday Studios suggesting
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Regular Meeting and Public Hearing - May 26, 2011 Page 8
that our Code is much more lenient than others as they relate to the 75%
Rule. He said an appraiser will sign off on this sort of thing and then
provides the Town with a sealed and certified report showing a simple
mathematical relationship between the value of the addition and the
value of the existing. Mr. Thrasher said staff is having a problem
maintaining control of the 75% Rule and it needs to be more visible and
O clear. He said he will bring his recommendation for change to the ARPB
in June, which would then go to the Commission for approval and Zoning
in Progress until an ordinance is approved.
Chairman Ganger commented that the Silverman project is a similar case.
Mr. Thrasher said the 3565 N. Ocean demolition took place prior to a
demolition plan and demolition permit, but the Silverman project was
spotted as a potential problem and it was taken to Delray for
assistance. The Architect and owner were made aware of the issue and
they were required to get an appraisal, which certified that it complied
with the 75% Rule. Mr. Thrasher said it should have come back to the
ARPB to prepare them for public comment; however, it went directly to
the Commission.
VIII. Items by Board Members.
Chairman Ganger said he had an inquiry from a resident in the annexed
area about a plan to bury the gas line up to St. Andrews and asked if
that project will be in conflict with the undergrounding. Mr. Thrasher
said the Town has been informed and they have the right to do it.
Chairman Ganger asked if it would increase the undergrounding cost. Mr.
Thrasher said he did not know, but there will be other issues such as
sewer connections. He said the County Health Department is pushing this
because there is legislation about having septic systems reviewed on a
periodic basis.
Chairman Ganger mentioned that the DEP approval of the Silverman dune
crossover project is dated May 19th and the ARPB approved the project on
the assumption that the DEP had already given their approval. Mr.
Thrasher said the DEP approval, as it relates to the new Coastal
Construction Line, is to ensure that the construction type is breakaway
and that's it.
Mr. Murphy inquired about the former Aime property in Place Au Soleil
and asked if a landscaping plan was submitted for the work taking place
O on the property. Mr. Thrasher said a plan was submitted. Mr. Murphy
asked why a Florida Pine was cut down. Mr. Thrasher said it was
determined that the tree was diseased and damaged and, in such cases,
the Town Manager is required to have the diseased tree removed. He
explained that the Place Au Soleil Code talks about the character of the
neighborhood and that the front of a home must be open to view. Mr.
Thrasher said there were many calls and complaints about the hedges in
the front of the property being overgrown and blocking the view of the
home. The landscaping project was held up by the Health Department
because the drain field capacity and septic tank did not comply with
current regulations and it took 30 days to be resolved.
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Regular Meeting and Public Hearing - May 26, 2011 Page 9
Vice -Chairman Morgan asked if Mr. Thrasher will propose a hearing to
change the Code as it relates to the 75% Rule. Mr. Thrasher said he has
already brought this to the consultants for their recommendations. He
said to change the Code the recommendations would come before the ARPB
and the ARPB recommendations would go before the Commission for
approval. An ordinance would be written, there would be two readings
Oand, if passed, it will become law.
Chairman Ganger said there is a Resolution which gives the Town a
certain amount of time to reconsider their Code as it relates to the
annexed area. Mr. Thrasher said by statute the Town has 12 months to do
so. He said the consultants have been asked to take over the Comp Plan
Amendments project and he also asked them for assistance with Kolter's
4001 N. Ocean project. Mr. Thrasher said the Town has no say with
regard to the East portion of the project, but we do have input on the
West portion and he would like a foundation for discussions concerning
what the Town expects from Kolter. Clerk Taylor said she is not sure
what impact this will have on the Comp Plan amendments and does not know
what role the DCA will have, but this may throw off the Town's
timetable.
IX. Public. No items by the Public.
X. Adjournment. Mr. Smith moved and Mr. Frankel seconded to adjourn
the meeting. The meeting was adjourned at 10:05 A.M.
Administrative Assistant
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