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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 m Architectural Review and Planning Board 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. 101 w Architectural Review and Planning Board Regular Meeting and Public Hearing - May 26, 2011 Page 3 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, n w Architectural Review and Planning Board Regular Meeting and Public Hearing - May 26, 2011 Page 4 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 0 w Architectural Review and Planning Board Regular Meeting and Public Hearing - May 26, 2011 Page 5 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 EN w Architectural Review and Planning Board Regular Meeting and Public Hearing - May 26, 2011 Page 6 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 m w Architectural Review and Planning Board Regular Meeting and Public Hearing - May 26, 2011 Page 7 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 0 w Architectural Review and Planning Board 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. u LTJ Architectural Review and Planning Board 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 m u