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HomeMy WebLinkAboutMinutes_Board of Adjustment_10/16/2006 r' VILLAGE OF TEQUESTA BOARD OF ADJUSTMENT PUBLIC HEARING MEETING MINUTES October 16,2006 I. GALL TO ORDER AND ROLL CALL . The Village of Tequesta Board of Adjustment held a regularly scheduled Public Hearing at the Village Recreation Center, 399 Seabrook Road, Tequesta, Florida, on Monday, October 16,2006. The meeting was called to order at 7:00 P.M. by Chair Vi Laamanen. A roll call was taken by the Village Clerk, Gwen Carlisle. Board Members present were: Chair Vi Laamanen, Vice Chair Paul Brienza, Jon Newman, Steve Pullon, and Ward Bertholf. Also in attendance were Community Development Director Catherine Harding, and Village Clerk Gwen Carlisle. II. APPROVAL OF AGENDA Boardmenzber Bertholf moved to approve theAgenda as submitted; Boardmember Pullon seconded the motion. Motion carried by unanimous 5-0 vote. III. APPROVAL OF PREVIOUS MEETING MINUTES Boardme�nber Newman moved to approve the minutes for the meeting ofNovember 21, 2005 as amended. Boardmember Pullon seconded the motion. Motion carried by unanimous 5-0 vote. IV. UNFINSHED BUSINESS 1. Wetcome Board of Adjustment Members - Community Development Director Catherine Harding informed the Board that the Village Council voted on October 11,2006 to approve the 3 members ofthe Board of Adjustment. She listed Council approved Mr. Paul Brienza, Mr. Jon Newman, and Steve Pullon. Village Clerk Carlisle stated the terms were for 3 years. Chair Laamanen asked if they needed to do a motion for this. Village Clerk Carlisle explained the Board did not need a motion because Council ratified it. Chair Laamanen welcomed the 3 members. 2. An approval of the variance application from Chin Fa Chen and Linda Pao,for property located at 474 Tequesta Drive, Tequesta, requesting a variance of 7 feet, to allow a rear yard setback of 13feet, from the 20 feet required and a � variance of 5 feet, to allow a front yard setback of 20 feet from the 25 feet required. Chair Laamanen stated the Board of Adjustment would be addressing a variance they originally saw on September 25, 2006.Community Development Director Harding < Board of Adjustment Meeting Minutes October 16, 2006 Page 2 stated the applicant has returned to the Board with revised plans. She explained the applicants, Chin Fa Chen and Linda Pao were requesting an approval for a variance for the property at 474 Tequesta Drive. A) Swearing-In of Witnesses Village Clerk Carlisle swore in all those intending to offer testimony in this case. B) Disclosure of Ex-Parte Communications Chair Laamanen reported she went to the property before September 25,2006 and she had not been to the property since then nor had she spoken to anyone. Vice Chair Brienza stated he visited the site and did not speak to anyone. Board Member Newman stated he drove by the site before the previous meeting on September 25, 2006. Board Member Pullon stated he had been pass the site again and still did not speak to anyone. Board Member Bertholf stated he visited the site and he did not speak to anyone. C) Testimony of witnesses and Cross Examination Mr.Joe Grasso stated he represented Dr.Pao and Dr.Chen.He pointed out the Board members had the amended request for variance that was discussed at the last meeting. - He stated they have amended the request for variance on the rear to 13 feet with an additional5 foot variance in the front as requested at the Board's direction.He stated they simply were requesting approval of the variance. Board Member Pullon stated he just wanted to ensure the North and South dimensions of the house did not change.He asked if the house was the same size and just shifted 5 feet to the north. Contractor Wilbur Hobgood stated nothing had changed and answered it was the same.He asked if he checked on the finished floor elevation. Contractor Hobgood stated they wouid have to check with FEMA.Board Member Pullon emphasized that he should not forget the finished floor elevation. Board Member Bertholf read a portion of Item 4, Supplement to the application for Variance;Responses to variance Criteria,"The imposition of the setback under this configuration creates an unusual,unappealing, and possibly unmarketable building envelop.More significantly it deprives the applicant of significant buildable area due to the fact that the building setback along the river is much greater than the typical side setback. As a result, the application of the code reduces the buildable area in a manner that is unique to this lot and. unfair to the applicant. In addition, if the variance is denied the applicant will be unable to construct a home of a quality and r Board of Adjustment Meeting Minutes October 16,2006 Page 3 character dictated by the location and size of the properiy thereby devaluing the lot and creating an unfair and undue hardship on the applicant." Board Member Bertholf asked Dr. Chen if he knew this when he bought the property. Dr. Chen answered he did not. Chair Laamanen explained when one buys property and there is a closing of title, either the attorney or the buyer are aware of what the regulations are on the property. She did not believe those regulations have changed. She explained it was the owner's responsibility to know what was permitted, and what was not on the properly that was being purchased at that time of purchase. She stated if regulations change then more often than not, the buyer could apply for a vaxiance. She commented she had no quarrels with it as it stands now, but she did when the application was first presented. She commented Dr. Chen's attorney could explain what she was trying to explain to them. She stated when one buys property all the rules are already established in the communiry from the beginning. She stated when something like this happens maybe the Board would change what the regulations to a certain degree to accommodate the applicants,but it was the Board's right to also turn it down because those regulations were there before they bought the properiy. She commented, in her opinion, "hardship"meant the applicants bought the property before such regulations were established for that property. She commented in that case by all means they would have all the right to apply for a variance if the regulations were put on them after they bought the property. She pointed out she felt what was in Item 4 was inappropriate because those regulations were there before they bought the property. She stated it could be adjusted when it seemed feasible to do so. D) Finding of the Fact Based Upon Competent Substantial Evidence MOTION: Board Member Newman made a motion to approve the application via the changes made that the air conditioners be included,and must be located on the east parameter of the property. There should be a 7 foot encroachment on the setback on the Southside of the property; and a 5 foot encroachment on the North side of the property within the 25 foot set back; and 20 foot on the east side of the property. Board Member Pul(on seconded the motion. Motion carried by a unanimous 5-0 vote. Vice Chair Brienza pointed out there was a sewer line that comes through an easement from an adjoining house next door, in the back.He warned the builder to be careful with the elevation of the pipe leaving the building because it was very shallow. He warned the builder not to go too deep and be careful of the footing and shoot it first. . ► Board of Adjustment Meeting Minutes October 16,2006 Page 4 V. NEW BUSINESS -None VI. COMMUNICATIONS FROM CITIZENS There were no communications from citizens. VII. ANY OTHER MATTERS There were no other matters to come before the Board. VIII. ADJOURNMENT Vice Chair Brienza moved that the meeting be adjourned. Board Member Pullon seconded the motion, which carried by unanimous S-0 vote. The motion was therefore passed and adopted and the meeting was adjourned at 7:16 p.m. Respectfully submitted, ! I� Gwen Carlsile Village Clerk