HomeMy WebLinkAboutMinutes_Special Meeting_08/17/1973• A PUBLIC HEARING OF THE COUNCILMEN OF THE
VILLAGE OF TEQUESTA, FIARIDA
A Public Hearing was held by the Counci]men of the Village
of Tequesta, Florida at ?:40 P.M., Friday, August 17, 1973 at the
Village Hall. Councilmen present were Messrs: Russell, Frank,
Leone and Del Ninno. Also present-were Robert Harp, Village Manager,
Christopher H. Cook, Village Attorney, Charles R. Jonas, Village
Clerk and A. W. Butterfield, Building Official. Vice~iayor
Little had notified the Village Clerk he would be out of town.
Mayor Russell postponed starting the meeting for ten (]Q)
minutes due to the lack of interested residents present. At 7:40
the meeting opened at which time Mayor Russell asked Mr`, Harp if
the notice had been duly advertised in the paper and asked him to
read the notice at this time.
Mayor Russell then informed the persons present that no
action would be taken tonight, that this was a meeting to discuss
and get information on the Zoning Ordinance revisions, to see what
changes are necessary, if any. He then read a memorandum and a
• letter from the Chairman of the Zoning Review Committee, Mr. Corddry,
giving changes the Committee recommends, and said the Zoning Ordinance
was presented not for the past or the present but for the future,
and enhancement of the Village of Tequesta.
Mayor Russell supported Mr. Corddry and the Zoning Board
of Adjustment and congratulated them on their fine work, and uphold-
ing of the Zoning Ordinance.
Mayor Russell then stated. the three (3) items that were
to be discussed and said he thought if no one had any objection,
each item would be discussed one at a time.
Under the first item pertaining to lot coverage, the
Zoning Review Comnittee recommended to eliminate the overhang of
the eaves in computing lot coverage and recommended a lot coverage
of 37~.
Mr, Joseph Saggione, 7 Leeward Circle, stated even if the
Council changed the lot coverage percentage to 39~ it still wouldn~t
help him because his lot was only 90 x 120 and with the pool he
wants his coverage would still be 39.3.
Mr, Wayne P. Cooper, 338 Fairway North, stated he had
several residents write to the Zoning Board of Adjustment and come
to the Public Hearing to help him get his requested addition for
• his house, and was very upset because the Zoning Board of Adjustment
were just rules readers, and he was still inside all set backs but
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• could not stay within lot coverage and recommended that the Council
take the lot coverage percentage completely out of the Ordinance.
Mr. John Harlow said that the Building Official, Mr.
Butterfield has said a person could pave his whole yard if he so
desired and he felt that ,increasing the percentage of lot coverage
would do the same and cover too much soil and the percolation of
water to the acquifer that supplies the Village of Tequesta would
not get ncarly as much recharge from raix~,fa11.
Mrs. Anderson, 15 Golfview Drive, requested Mr. Butterfield
state approximately how many houses in the Village of Tequesta were
over 35~ of lot coverage, and he said he believed approximately 50~
were over.
The Building Official passed out to the Council a list
of 21 lots and showed the lot coverage before and after the
changes, if the recommendations of the Zoning Review Committee
were accepted.
Mr. Sagg~ione suggested that-the Zoning Ordinance should
control new houses going to be constructed in the Village as the
set backs and lot coverage can be contracted, but houses already
built can not change design now.
Mr. Pellegrini stated that driveways are cohering a lot
of land and requested a control of some type to cover these, and
the Mayor said that different homes have many different types of
.driveways and it would be impossible to regulate the type that
could be used.
Mr. Butterfield stated his recommendation for lot coverage
would be approximately 38~ and that pool enclosures determine the
amount of lot coverage, but in an open pool the surface water of the
pool only is used for computation.
Councilman Frank said that his pool and all pools were
actually holding ponds and when they overflowed the water percolated
back into the ground and having pools would help the water condition
more than limiting the percentage of lot coverage,
Mr. Cook was asked the difference between screened pools
and open pools and he advised that zoning can regulate restrictions
to light and air and an enclosed pool could be considered somewhat .
of a restriction, whereas an open pool would not be.
Captain Coleman, President of the Tequesta Country Club
Community Association, said the people in the Country Club Community
could stay within the set backs but could never keep within the
percentage of lot coverage in the present Zoning Ordinance.
8-17-?3 - 3
~~
Mrs. Bopp, a member of the Zoning Board of Adjustment,
asked the Village Attorney if he would define the word "hardship",
Mr. Cook stated that it was a case where no one else had anything
like his situation, such as a smaller lot in the area or an odd
shaped lot or something that is a unique situation.
Mr. A, Myers stated. he was an attorney for Ryan, Taylor
~ Law, representing Mr. R. Kocher, and he felt for an ordinance
to be any good, it has to include the past, present and future,
and from what he had heard, it did none of this and he was sure
it was not legal.
Mr, R. Kocher said that if the lot coverage is upheld
that everyone will have to build smaller homes which will lower
and degrade the value of the larger homes in the area and this will
not help to beautify the Village.
Councilman Frank mentioned that since the residences of
Mayor Russell and Chairman Corddry were both over the lot coverage
at present, he did not see how they could determine a lot coverage
for others less than they themselves have.
The problem of parking of other than a passenger vehicle
• was then discussed. Mr. MacLeod said he had a Mazda pickup truck
and couldn~t keep it in his garage because he used it as a store
room, and that the Mazda was his car to drive back and forth to
work, and just because it carried a truck license plate he did not
use it as a truck and feels that a change should be made in the
Zoning Ordinance to cover all vehicles such as small pickup trucks,
vans and campers that are used daily as passenger cars not
commercial vehicles.
Mr. John Harlow stated he liked driving a pickup, and
also had a 1934 Ford in his garage without fenders, that didn~t look
very nice, but he would move the Ford out and put his pickup in
the garage if necessary. He also said that he believed the three
wheel vehicles, even though properly .licensed, were not a good
thing to look at parked in a front yard.
The Village Attorney advised that one of the ways and
probably the best way that a passenger vehicle is determined is by
its registration, however there is some law on the use to which a
vehicle is put,
Mr, William Smallwood asked the Council if the-North
County First Aid Squad ambulance was. considered other than a
passenger vehicle, and if they had to have a special request or
variance to park in front of houses when a person was on duty,
and that it is used for the general health and welfare of the
community.
8-17-73 - 4
• Mr. Cook distributed a memoranduan he had prepared,
suggesting changes in the Zoning Ordinance, covering all items
being discussed.
The Village Attorney said that Section VII-3 in the
ordinance precludes the parking of even a passenger automobile
either in.the side setbacks beyond the front of the house or in
the-rear yard and does not believe the Zoning Review Committee
actually meant to so restrict the parking of a passenger vehicle
and questioned the legality of such a restriction and further
questioned a complete prohibition of parking other than passenger
vehicles at other places on a persons property. The Zoning
Ordinance should provide that such other vehicles be screened
from view in some manner.
Mayor Russell stated that the Couaci]men would consider
the matters that had been discussed tonight and perhaps motions
would be made at the next Council meeting to have the Village
Attorney prepare revisions to the Zoning Ordinance which might be
deemed necessary.
The Public Hearing of the Counci]man was adjourned
at 10:45 P.M.
Respectfully sul
r~ ~,:~.
C~
Charles R. Jo
Village Cle