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HomeMy WebLinkAboutMinutes_Board of Adjustment_01/27/2003 �P F tf G�,s VILLAGE OF TEQUESTA '� ' DEPARTMENT OF COMMiJNI'1'Y DE��:LOPMF.N'T � � Post Office Box 3273 , �'� aa 250 Tequesta Drive • Suite 305 � � 9` ��� Tequesta, Florida 33469-0273 ��H �o y C561) 575-6220 • Fax: (561) 575-6224 BOARD OF ADJUSTMENT PUBLIC HEARING MEETING MINUTES JANUAR� 27, 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,January 27, 2003. The meeting was called to order at 7:01 P.M. by Chair Jim Humpage. A roll call was taken by Recording Secretary Betty Laur. Boardmembers present were: Chair James Humpage, Steve Pullon, Jon Newman, Vice Chair Vi Laamanen, and Alternate Steve Gordon, sitting in for regular member Paul Brienza,who was absent. Also in attendance were Village Attorney John C. Randolph and Acting Clerk of the Board Village Planner Carol Lux. Clerk of the Board Jeff Newell was absent froin the meeting. II. APPROVAL OF AGENDA MOTION: Boardmember Newman moved that the Agenda be approved as submitted. Vice Chair�:aamanen seconded the motion, which carried by unanimous 5-0 vote. The motion was therefore passed and adopted and the Agenda was approved as submitted. III. APPROVAL OF PREVIOUS MEETING MINUTES Boardmember Laamanen moved approval of the minutes for the Recycled Pccper Board of Adjustment Meeting Minutes January 27, 2003 Page 2 meeting of November 18, 2002. Boardmember Newman seconded the motion, which carried by unanimous 5-0 vote. The motion was therefore passed and adopted and the minutes were approved as submitted. IV. NEW BUSINESS 1. Election of Chair and Vice Chair per Village Code to be selected annually at the first meeting of the calendar year It was pointed out that the Board had voted on this matter at their last meeting. The Village Attorney advised that since the Board had elected a new Vice Chair and had indicated that Chairman Humpage would continue in office for another year at their last meeting, that a motion to that effect could be made. MOTION: Boardmember Newman moved to approve that Jim Humpage continue as Chairman for another year and that Vi Laamanen continue as Vice Chairman for another year as voted by the Board at their last meeting. Boardmember Pullon seconded the motion, which carried by unanimous 5-0 vote. 2. An application from Augstin and Elisabeth Castellanos, owners of the property located at 11 Tradewinds Circle, Lot 3, Block 2, Country Club Point Subdivision, requesting a variance to the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No.355,as amended, Section X, Supplemental Regulations Applying to a Specific, to Several or to all Districts, Subsection (A) General Provisions, (8) Floor elevation above sea level; to allow the enclosure of a 10' x 12' (foot) portion of the existing rear roofed porch to match the floor at the existing house Board of Adjustment Meeting Minutes January 27, 2003 Page 3 ................................... floor elevation of 7.20',in lieu of minimum finish first floor elevation above mean sea level (MSL) for all new construction,additions,and substantial improvements to existing structures being 8.5' MSL or 18" above the crown of the road, cul-de-sac or highway or meet the requirements of Section XV,Flood Hazard Areas,whichever is more stringent, as required by the Zoning Ordinance. A. Swearing-In of Witnesses, if Required Acting Clerk of the Board Carol Lux swore in all those intending to speak for this application and the following application. B. Disclosure of Ex-Parte Communications Boardmembers Pullon, Gordon, and Vice Chair Laamanen reported they had visited the site and had spoken to no one. Boardmember Newman reported no ex-parte communication. Chair Humpage reported he had visited the site and spoke to a carpenter. C. Testimony of Witnesses and Cross Examination, if any Gus Castellanos testified that he and his wife were renovating their home, and the patio was lower than the rest of the house They wanted to extend the kitchen out into the patio area and therefore needed to bring the existing slab to the same level as the existing floor. Boardmember Newman commented that this request was similar to others that had been granted in the past with the condition that the applicant sign a hold harmless agreement. D. Finding of Fact Based Upon Competent Substantial Evidence Motion• Boardmember Newman made a motion to approve the application from Augstin and Elisabeth Castellanos,owners of Board of Adjustment Meeting Minutes January 27, 2003 Page 4 ................................... the property located at 11 Tradewinds Circle, Lot 3, Block 2, Country Club Point Subdivision, requesting a variance to the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, Section X, Supplemental Regulations Applying to a Specific, to Several or to all Districts, 5ubsection (A) General Provisions, (8) Floor elevation above sea level; to allow the enclosure of a 10' x 12' (foot) portion of the existing rear roofed porch to match the floor at the existing house floor elevation of 7.20, based upon the applicants having complied with the six criteria required for a variance and conditioned upon the applicant signing a hold harmless agreement to absolve the Village of all liability. Vice Chair Laamanen seconded the motion. The motion carried by unanimous 5-0 vote. 3. An application from Tracy Wagner,owner of the property located at 164 Country Club Drive, Lot 18, Block 2, Country Club Point Subdivision, requesting a variance to the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No 390; Ordinance No.. 451, as amended, Section XVI, Uniform Waterway Control (B) Dock and Pier Length, Width and Configuration, (8) to allow construction of an elevator style lift to be installed adjacent to an existing five (5) foot wide dock. The current regulations state boatlifts and moorings outboard of dock and piers on waterways and canals of eighty-five (85') feet or less in width are not permitted. The canal on which the property is situated is 85 feet. A. Swearing-In of Witnesses, if Required Acting Clerk of the Board Carol Lux had previously sworn in all those intending to speak for this application. B. Disclosure of Ex-Parte Communications Boardmembers Pullon and Gordon reported they had visited the Board of Adjustment Meeting Minutes January 27, 2003 Page 5 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, site and had spoken to no one. Boardmember Newman reported he had gone to the site as a representative of Octopus Marine several months ago. Vice Chair Laamanen reported she had visited the site, had spoken to the applicant, and looked over the property with the applicant. Chair Humpage reported he had visited the site and had spoken to the applicant. C. Testimony of Witnesses and Cross Examination, if any Joseph Dobbins spoke on behalf of the applicant, Tracy Wagner. Mr. Dobbins testified that now the boat lift had to be against the bulkhead, that they currently had a 5' dock with mooring whips and wanted to place the lift on the outside of the dock, and the lift would not extend out farther than at present. Mr. Dobbins explained that this property was located at the end of the canal so it would not interfere with traffic in the canal. Boardmember Newman asked Ms. Lux if this applicant technically needed a variance since the piles were within 5 feet of the dock. Ms. Lux responded, yes. Boardmember Newman questioned the width of the canal, since this property was at the end and had several hundred feet. Mr. Newman noted that in his work for Octopus Marine within the Town of Jupiter this situation would not fall within the interpretation of being 85 feet wide. Ms. Lux responded that the interpretation of the code had been for the width of the canal, and not the width of the canal in front of the applicant's home. Boardmember Pullon asked if the applicant had spoken to the neighbors on each side. Gerald Kow, 7 Leeward Circle, testified he was the neighbor on the south and he had no problem with the variance request; that the boat lift would be basically in the same place, and it would not affect his getting his boat in and out. Chair Humpage commented that under ex-parte communication disclosure he should have reported he had previously gone to the Tradewinds site next door and had been approached by Dorothy Campbell, who was the neighbor on the north, and she had indicated she Board of Adjustment Meeting Minutes January 27, 2003 Page 6 ................................... had no problem with this variance request. Chair Humpage commented that in interpreting the code, he thought the 85' width was navigation area and that lifts that were out into that would affect traffic, however, this applicant was at the end of the canal. Chair Humpage commented that this lift was not as wide as a boat, so if a boat were docked there it was a navigational aid just by being moored to the dock. Boardmember Newman indicated there was a fairly wide navagational channel. Boardmember Newman advised that there was usually a maximum limit that could be imposed upon in a canal, discussed other situations, and how this type of lift only occupied 10% of the canal and the boat occupied another 10%. Mr. Newman commented it sometimes took a year to get a legal definition of width, and indicated that he believed the definition of width would be coming up more and more as the State requirements changed. Vice Chair Laamanen commented that the zoning code indicated boat lifts and mooring pilings like this were not permitted and asked if the Board could grant this request. The Village Attorney advised that was why there was a Board of Adjustment, to make variances to the code. Vice Chair Laamanen commented that there was a possibility that Ms. Campbell was moving and if a new owner put another boat in she thought it would be too crowded and no one would be able to get in or out easily. Ms. Dobbins explained that previously Ms. Campbell had let a friend keep a boat there and it had not been a problem. Mr. Pullon asked Ms. Lux if the dock were removed would the applicant be okay to do this and not need a variance. Ms. Lux responded, yes. Mr. Kow commented that when the boat had been at Ms. Campbell's home there had not been a problem and with the raised lift being requested it would actually make more room and make it easier to get in and out. Vice Chair Laamanen asked if the applicant could do without the dock. Mr. Dobbins explained that the dock provided a space to step and to store a few items, and it would be a help to have the dock. Chair Humpage Board of Adjustment Meeting Minutes January 27, 2003 Page 7 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, commented that with this boat lift the applicant would have more room. D. Finding of Fact Based Upon Competent Substantial Evidence Motion: Boardmember Newman made a motion to approve the application from Tracy Wagner, owner of the property located at 164 Country Club Drive, Lot 18, Block 2, Country Club Point Subdivision, requesting a variance to the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No 390; Ordinance No.. 451, as amended, Section XVI, Uniform Waterway Control (B) Dock and Pier Length, Width and Configuration, (8) to allow construction of an elevator style lift to be installed adjacent to an existing five (5) foot wide dock because this property was located at the end of a canal and because the applicant had met the required criteria to obtain a variance. Boardmember Gordon seconded the motion. Chair Humpage recommended adding to the motion that this was an elevator lift; however, Boardmember Newman explained that he had installed 4-pole lifts which took up no more room. The motion carried by unanimous 5-0 vote. V. UNFINISHED BUSINESS There was no unfinished business to come before the Board. VI. COMMUNICATIONS FROM CITIZENS There was no communication from citizens. Board of Adjustment Meeting Minutes January 27, 2003 Page 8 ................................... VII. ANY OTHER MATTERS Chair Humpage announced that another alternate member of the Board was needed. It was announced that a notice requesting volunteers would be in the next issue of Smoke Signals. Chair Humpage asked if anyone on the Board knew an interested party, to which Boardmember Pullon responded that his neighbor, Benjamin Ward at 28 Starboard Way, had expressed interest. Ms. Lux indicated she would contact Mr Ward. VIII. ADJOURNMENT Upon motion by Vice Chair Laamanen, seconded by Boardmember Pullon, and unanimously carried, the meeting was adjourned at 7:31 p.m. Respectfully submitted, Betty Laur Recording Secretary AT ST: � ��� Carol Lux Acting Clerk of the Board DATE APPROVED: � — /� —�'�