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HomeMy WebLinkAboutMinutes_Board of Adjustment_09/15/2003 F r ,,�' � ; VILLAGE OF TEQUESTA � DEPAR'I'MENT OF COMMUNITY DEVELOPMF,NT ,PJ � � ��' Q� 250 Tequesta Drive • Suite 305 �; ; Tequesta, Florida 33469-0273 • (561) 575-�220 ��'�h CO y 4v Fax: (561) 575-6224 BOARD OF ADJUSTMENT PUBLIC HEARING MEETING MINUTES SEPTEMBER 15, 2003 I. CALL TO ORDER AND ROLL CALL The Village of Tequesta Board of Adjustment held a regularly scheduled Public Hearing at the Tequesta Recreation Center, 399 Seabrook Road, Tequesta,Florida,on Monday, September 15, 2003. Boardmember Brienza made a motion to designate Boardmember Jon Newman as Acting Chair for this meeting in the absence of the Chair and Vice Chair. The motion was seconded by Boardmember Gordon, and carried by unanimous 3-0 vote. The meeting was called to order at 7:00 P.M. by Acting Chair Jon Newman,. A roll call was taken by Recording Secretary Betty Laur.Boardmembers present were: Jon Newman, Paul Brienza, and Steve Gordon. Chair Jim Humpage, Vice Chair Vi Laamanen, and Boardmember Steve Pullon were absent from the meeting, Also in attendance were Village Attorney John C. Randolph and Village Planner Carol Lux, sitting in for Clerk of the Board Jeff Newell. II. APPROVAL OF AGENDA MO_ TION: Boardmember Brienza moved that the Agenda be approved as submitted. Boardmember Gordon seconded the motion,which carried by unanimous 3-0 vote. The motion was therefore passed and adopted and the Agenda was approved as submitted. Board of Adjustment Meeting Minutes September 15 , 2003 Page 2 III. APPROVAL OF PREVIOUS MEETING MINUTES Boardmember Gordon moved to delay approval of the minutes for the meeting of August 18, 2003 to the next meeting to give the members an opportunity to read them, since they had just been distributed. Boardmember Brienza seconded the motion. Motion carried by unanimous 3-0 vote. N. NEW BUSINESS l. An application from Edith Poston-Banning, owner of the property located at 38 Dogwood Ridge Lot 218 Tequesta Pines, requesting a variance tv the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, Section VII, Schedule of Regulations and Application of Regulations, Subsection (C), Schedule of Site Requirements, R-1 District, Rear Yard Setback, to allow for the construction of a 12' x 14' screened enclosure to egtend within the 20' rear setback. The screen enclosure is to extend three feet into the rear yard setback for a total proposed rear setback of 17 feet. A. Swearing-In of Witnesses, if Required Acting Clerk of the Board Carol Lux swore in all those intending to speak for this application. B. Disclosure of Ex-Parte Communications During disclosure of ex-parte communications, Boardmember Brienza disclosed he had visited the site and spoke to no one. Acting Chair Newman and Boardmember Gordon stated they had had no ex-parte communications. C. Testimony of Witnesses and Cross Egamination, if any Board of Adjustment Meeting Minute� September i5, 2003 Page 3 -------------------------------i--- Mr. William Banning, husband of the homeowner, explained that his wife had inherited the property from her father when he had passed away last November and that they had lived with her father for a couple of years prior to that while he was ill. Mr. and Mrs. Banning's request was to enlarge the rear patio to make the width 12' so that they could screen in a 12' x 14' portion. Mr. Banning explained that he had been told by a neighbor that a variance might be neec�ed, but he had trusted the contractior to obtain the permit and let him know if a variance was required. The contractor had only obtained a permit for the slab and had gone ahead with a �' x 9' extension, but had not asked fox a permit for the screen enclosure, which was when Mr. Banning had learned there was a problem. It was explained that currently there was a 30' x 9' slab with an addition of 3' x 12' which was not shown on the survey. The 3' which was addEd made the width 12'. Mr. Banning confirmed to Acting Chair Newman that the screened area would have a hard roof of aluminum. Boardmember Brienza asked if ' they took the small area and went lengthwise if they cauld g�t the same benefit in 9', to which Mr. Banning responded they felt 9' was too restrictive for furniture. MOTION: Boardmember Gordon made a motion to grant the variance as requested to Edith Poston-Banning, for the property located at 38 Dogwood Ridge Lot 218, Tequesta Pines. Boardmember Brienza seconded the motion. The vote on the motion was: Jon Newman -- against Paul Brienza— for Steve �ordon - for The motion therefore failed. Village Attorney Randolph explained that a majority of the board was required to pass, not a majority of those present, and since th�re was not a full board present, the �applicants could postpone tiheir request to another meeting when a full board was present. Board of Adjustment Meeting Minutes September i5, 2003 Page 5 ��iwr.�.�r�r���������r��.�w.�����r.�..���� Upon motion by Boardmember Brienza, seconded by Boardmember Gordon, and unanimously carried, the meeting was adjourned at 7:25 p.m. Respectfully submittec�, ��Q� o�� B���,a� Recording Secretaxy ATTEST: �� � � Carol Lux, Acting Clerk of the Board DATE APPRQVED: �� �� � ��I�