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HomeMy Public PortalAbout02/28/2014MINUTES OF THE REGULAR MEETING HELD BY THE AD HOC COMMITTEE OF THE TOWN OF GULF STREAM, FLORIDA, ON FRIDAY, FEBRUARY 28, 2014, AT 8:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA I. CALL TO ORDER: Chairman Boardman called the meeting to order at 8:04A.M. II. ROLL CALL: Present and Participating Also Present and Participating William Boardman Richard Mouw Patricia Randolph Benjamin Schreier William H. Thrasher Rita L. Taylor John C. Randolph Christopher O'Hare Martin O'Boyle Chairman Committee Member Committee Member Committee Member Town Manager Town Clerk Town Counsel Resident Resident III. MINUTES OF THE REGULARMEETING OF 2- 13 -14: Chairman Boardman stated he wished to defer approval of these minutes until the next meeting. He suggested seeing the draft minutes before they are sent out in final form. IV. ADDITIONS. WITHDRAWALS. DEFERRALS. ARRANGEMENT OF AGENDA ITEMS: There were none. V. ANNOUNCEMENTS: A. Meeting Dates 1. Regular Meetings a. March 12,2014 (c�b 8:00 A.M. b. March 26, 2014 @ 8:OOA.M. c. April9, 2014 @ 8:OOA.M. d. April 23, 2014 rtl 8:OOA.M. Chairman Boardman announced the upcoming meeting dates. V1. COMMUNICATION FROM THE PUBLIC (3- MINUTE MAXIMUM): Christopher O'Hare inquired regarding Code Sections 66. 612 Board of Adjustments and 66 -71 referring to ARPB Chairman Scott Morgan's misunderstanding the special exceptions made at the previous day's ARPB Meeting. He also addressed the issue of changing the code to make Chairman Morgan's decision unlawful. Chairman Boardman stated that it is not the function of the Ad Hoc Committee to be considering any matters if something is wrong or right or should be changed. He continued that if Mr. O'Hare feels that there is some issue that relates to the process surrounding the code, he should submit written comments with his concerns. Mr. O'Hare suggested that a change is in order since the code is not being followed, as it is written. Ad Hoc Meeting Town of Gulf Stream February 28, 2014 2 Mr. O'Hare requested that Town Clerk Taylor put into the written record of this meeting his verbal comments in lieu of him writing them down. Chairman Boardman stated that request is noted but not necessarily accepted. Town Counsel Randolph stated that the minutes will reflect the actions of this day, but not necessarily a verbatim transcript of what was said. Town Manager Thrasher asked Town Clerk Taylor if the ARPB took final action at the prior day's meeting. Town Clerk Taylor replied "They did not. They are only a recommending body ". Town Manager Thrasher inquired if that applies in this situation. Town Clerk Taylor replied "I believe so ". Mr. O'Hare continued to make comments after Chairman Boardman explained his 3 minutes were up. Town Counsel Randolph stated Mr. O'Hare was out of order. Mr. O'Boyle inquired regarding the charge of the Ad Hoc Committee. Chairman Boardman replied that the Committee was here to hear comments, and not under an obligation to hear public comments, at this time. He continued that the Committee will not enter into debates or discussions. Mr. O'Boyle continued asking questions which were not answered. Town Counsel Randolph explained that this was not an opportunity to ask any questions from the Committee, but rather for the public to give input so they can benefit from the comments, and move forward. Mr. O'Boyle further stated that he takes tremendous offense that the Town of Gulf Stream takes design ideas from Delray Beach with regard to designing homes, roofs, doors and windows in the Town of Gulf Stream. VII. ITEMS TO BE CONSIDERED AT THIS MEETING: A. Consider establishment of waivers B. Finished Floor Elevation Increase (Sec. 70 -77) C. Seawall Height & Cap (Sec. 70 -78) D. Installation of sidewalks & pathways Ad Hoc Meeting Town of Gulf Stream February 28, 2014 3 A. Consider Establishment of Waivers: Town Counsel Randolph summarized how waivers and variances work with the Design Manual. He stated that the Design Manual has certain issues that are prohibited and if that is the case, variances are required. Town Counsel Randolph further commented that the ARPB does not have the discretion to grant something that is prohibited. Chairman Boardman inquired as to who would actually make a decision on a variance. Town Counsel Randolph stated that the Town Commission would make that final decision. He continued that variances were very difficult to receive because there are very difficult criteria needed to be met. Town Counsel Randolph stated that the problem exists as a result of the Design Manual requiring a variance for these things. He continued giving an example; if they have a design in their home that is prohibited, they then have to come to Town Hall to show that what they are seeking is not caused by their own doing, and there is something unique about the parcel of land that will allow them to do that. Town Counsel Randolph further stated that a waiver process would not be as difficult for an applicant as meeting all the criteria for a variance. He referred to the memo he sent to Town Manager Thrasher and was in the Committee members' packets where he suggested that there are provisions and other codes for waivers in certain circumstances. Town Counsel Randolph stated that one way to address a waiver is to say that for good cause shown, a waiver may be granted to these provisions, which he feels is a little too broad and allows too much discretion. He continued if waivers were to be granted consideration should be given to certain criteria. Town Counsel Randolph listed the criteria: (1) granting a waiver will not cause a tangible injury to the value of other neighborhood property where it will be located (2) waiver if granted will be compatible with adjoining development within the intended district for which it will be located (3) waiver if granted will be compatible with other design elements of the structure and (4) waiver if granted will not do any injustice to the integrity of the design guidelines within the district. He suggested that the Committee should determine whether or not they want to consider some sort of alternative process other than the existing process within the Design Manual. Chairman Boardman asked for an explanation of special exceptions. Town Counsel Randolph stated that the difference between a variance and special exception is that with a variance, the burden of proof is on the applicant to show they have met all of the criteria. He continued that with a special exception, the burden of proof shifts from the applicant to the Board that is considering the application to determine the applicant has not met the standards in the Code relating to Special Exceptions. He said that it all is based on evidence by the applicant whether they have met the special exceptions criteria, which is more general than variance criteria. Town Manager Thrasher reported that special exceptions are found throughout Code Chapter 70, for different reasons. He continued with examples; square footage, setbacks, a nonconforming issue to name a few. Town Manager Thrasher stated that special exceptions can be granted but must meet the standards within that specific section of special exceptions. He said that special exceptions are difficult for a Board to Ad Hoc Meeting Town of Gulf Stream February 28, 2014 4 deny, and variances are difficult for a Board to approve. Town Manager Thrasher also stated that they both require a Level 3 Review process. He reviewed the duties of the ARPB which include to hear, to review, to consider, and make recommendations to the Board of Adjustments to approve with conditions or deny applications for development permits. Town Counsel Randolph inquired if this Committee was present to discuss design guidelines or to discuss Chapter 66 which required variances. He stated he was looking at Chapter 70 and trying to give advice as to how to make it easier for an applicant to deal with, and still protects the Town. Town Counsel Randolph continued that can be done through a waiver process. A lengthy discussion as to whether the creation of waivers would be helpful, and if so, where they might be applied in the Code. All were in agreement that they should be implemented but only in the sections that address design issues, not setbacks, heights, floor area ratios and the like. The waivers would most likely apply beginning at Section 70 -96. There was some support for moving anything related to setbacks, heights and floor area ratios into Chapter 66. There was also discussion regarding discouraged and prohibited items. It was generally thought that there may be an opportunity to include waiver possibilities with certain prohibited items. However, it was noted that this would need further careful consideration and criteria established. Town Counsel Randolph read his examples of the type of criteria which could be considered in the event a waiver is to be granted as follows: (1) Granting the waiver will not cause substantial injury to the value of other property in the neighborhood where it is to be located. (2) The waiver, if granted, will be compatible with adjoining development and the intended purpose of the district in which it is to be located. (3) The waiver, if granted, will be compatible with other design elements of the structure. (4) The waiver, if granted, will not do an injustice to the integrity of the Design Guidelines within the district. (5) The waiver, if granted, is meritorious to the Town because of its general appearance and adherence to the majority of the design elements within the structure. Town Counsel Randolph added that the waiver, if granted, will be consistent with good design and the integrity of the structure itself. Mr. O'Boyle advised his Agenda packet was incomplete, and asked if he could comment on the above examples. He discussed the importance of these matters, and the inability of his presenting his comments. Chairman Boardman stated Mr. O'Boyle could speak at the next meeting. Town Manager Thrasher reported that the Agenda packet has been on the Town's website for several days. Ad Hoc Meeting Town of Gulf Stream February 28, 2014 5 Mr. O'Boyle asked that he be given time to check for the Agenda Packet on his computer that was on the chair next to him, adding that if the material was with the agenda, then he was O.K. Mr. O'Boyle acknowledged that the material was in fact on the website. Chairman Boardman inquired if a house is in an area where it cannot be seen by anyone else due to the lot size, etc. and someone wants to make a change, would there be a greater degree of latitude for this person regarding details. Committee Member Schreier stated for example that it could be the amount of glass fenestration on the structure that could be the issue where a waiver could be considered. Town Manager Thrasher reported that issue fits into the proposed pattern of waivers following Section 70- 96. Chairman Boardman asked if the Staff could make a recommendation for the next meeting to vote on, based on the discussion at this meeting. Mr. Randolph advised he would not be present at the next meeting but work can be under way. B. Finished Floor Elevation Increase (Sec. 70- 77) C. Seawall Height & Cap (Sec. 70 -78) Town Manager Thrasher stated that both these issues are prior to Section 70 -96. He continued that these are going to be driven by Federal Law, and the code should adopt them simultaneously. Committee Member Schreier reported that the first floor elevation was a great item to be considered. He continued that FEMA sets the bar for flood insurance, and that Town of Gulf Stream sets it at 8.5 NGVD, and has elected to be above FEMA regulations. Town Manager Thrasher stated that height is measured from the finished floor to the ridge line and top of chimney. He felt this item is administrative, and should go directly to the Commission. Committee Member Schreier stated that the Town of Gulf Stream is correct in the 8.5 NGVD which is already in the code. Town Manager Thrasher stated that he wanted to mirror the required language of FEMA, as it is regulated to the Town's flood plan maps. He also stated that the seawall height and caps are also related to floor elevation. Chairman Boardman asked for a motion to refer items B. and C. directly to the Commission. Committee Member Mouw moved and Committee Member Schreier seconded to refer Items B. and C. to the Commission. ALL vote AYE. Ad Hoc Meeting Town of Gulf Stream February 28, 2014 6 D. Installation of sidewalks & pathways Chairman Boardman advised that this item will appear on the next agenda. Chairman Boardman then thanked everyone for their input. ITEMS BY COMMITTEE MEMBERS: There were no further comments. X. ADJOURNMENT: Committee Member Schreier moved and Committee Member Mouw seconded to approve adjournment. All voted AYE. Chairman Boardman adjourned the meeting at 9:30 A.M. Sandra Fein Recording Secretary