HomeMy WebLinkAboutMinutes_Board of Adjustment_09/15/2003 F r
,,�' � ; VILLAGE OF TEQUESTA
� DEPAR'I'MENT OF COMMUNITY DEVELOPMF,NT
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� � ��' Q� 250 Tequesta Drive • Suite 305
�; ; Tequesta, Florida 33469-0273 • (561) 575-�220
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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
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Upon motion by Boardmember Brienza, seconded by Boardmember
Gordon, and unanimously carried, the meeting was adjourned at 7:25
p.m.
Respectfully submittec�,
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B���,a�
Recording Secretaxy
ATTEST:
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Carol Lux, Acting Clerk of the Board
DATE APPRQVED:
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