Loading...
HomeMy WebLinkAboutMinutes_Board of Adjustment_11/18/2002 F Tf VILLAGE OF TEQUESTA �:�P `�sa ' DEPARTMENT OF COMiVIUNIIY DEVELOPMENT - � � Post Office Box 3273 ,��� 0 250 Tequesta Drive • Suite 305 3 ` o� Tequesta, Florida 33469-0273 �� ., ; �� �ti C y (561) 575-6220 • Fax: (561) 575-6224 BOARD OF ADJUSTMENT PUBLIC HEARING MEETING MINUTES NOVEMBER 18, 2002 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,November 18, 2002. The meeting was called to order at 7:02 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, Vi Laamanen, and Paul Brienza. Also in attendance were Village Attorney John C. Randolph, Clerk of the Board Jeff Newell, and Village Planner Carol Lux. II. APPROVAL OF AGENDA �VIOTION: Boardmember Laamanen moved that the Agenda be approved as submitted. Boardmember Pullon 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 meeting of October 28, 2002. Boardmember Brienza seconded the motion, which carried by unanimous 5-0 vote. The motion was therefore passed and adopted and the minutes were approved as Xec>>cle�Paper � Board of Adjustment Meeting Minutes November 18 , 2002 Page 2 submitted. IV. NEW BUSINESS 1. An application from Scott and Fatima Brecht, owners of the property located at 364 Franklin Road, Lot 5, Block 14, Jupiter in the Pines, Sec. B Subdivision, requesting a variance to 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, Minimum Rear Yard Setback,to allow the construction of a 468 square foot addition with a rear yard setback of 17' (feet) in lieu of 20' (feet) as required by code. A. Swearing-In of Witnesses, if Required Clerk of the Board Jeff Newell swore in all those intending to speak. B. Disclosure of Ex-Parte Communications Boardmembers Newman and Laamanen reported they had had no ex-parte communications. Chair Humpage and Boardmembers Brienza and Pullon reported they had visited the site and had spoken to no one. C. Testimony of Witnesses and Cross Examination, if any Clerk of the Board Newell advised that everyone within 300' had been notified and he had received one phone call, with the person requesting inforrnation regarding setbacks, etc., but nothing had been received in writing; therefore there were no objections to the Board of Adjustment Meeting Minutes November 18, 2002 Page 3 ................................... proposed variance. Scott Brecht addressed the Board and indicated he and his wife had a growing family and needed more sleeping quarters. Their plan was to add a bedroom with a bath, and they also planned to have a covered patio and a pool. Mr. Newman asked if the rear easement was a power line easement. Mr. Brecht responded no, and Chair Humpage explained that the applicant's property backed up to Dover Ditch. Chair Humpage indicated that the plot plan showed that on the east side of the addition there was a 9'-11" setback for the side yard,which Mr. Brecht indicated was correct. Chair Humpage noted the Board was to be stringent with the codes in granting a variance, and one of his concerns was Dover Ditch because Village vehicles needed to access that area when flooding occurred. Mr. Brecht responded the Dover Ditch ended at his house and became a large field with pipeing under the ground. Chair Humpage commented there was a large catch basin there. Chair Humpage commented he had tweaked the plan and got 483 s.f.,which was 15 s.f. more than the applicant had, and his plan was within the setbacks. Chair Humpage commented the applicant had indicated they lost 2 feet in the back because the house was set back 2 feet farther than the setback, but that was existing when they purchased the property and not to be considered. Chair Humpage requested that the applicant consider coming into the side setback 1-1/2 feet which would keep the applicant within the side setback parameters and go 1-1/2 feet towards where they proposed to put the patio, and they would then get 483 square feet of new addition and still comply with the setbacks. Mr. Brecht responded they wanted the bedroom out because coming in narrowed the bath and closet and he was trying to get more closet without compromising the sleeping quarters; and they did not want more sleeping quarters as much as a balance between the bedroom, bath, and closet while still having the least amount of addition. Mr. Brecht explained that the patio across the back was existing, and if he went too far to the right it would Board of Adjustment Meeting Minutes November 18, 2002 Page 4 ................................... affect the pool. Boardmember Laamanen stated she was opposed to not abiding by setback lines in that area which had smaller homes on smaller lots, and everyone was trying to gain privacy, and the more the�illage allowed setbacks to be eroded that was infringing on setbacks. Mr. Brecht commented that two houses from his home this type of improvement had been done and it provided more house but also gave privacy from the next house. Mr. Brecht commented he would do the addition tastefully and if the wall looked like a Berlin wall he would add landscaping to soften it, and would not impact anyone else. Boardmember Laamanen was opposed to changing the percentage of land coverage on small lots. The applicant indicated he did not exceed the lot coverage under roof and this would have the feel of a courtyard rather than a concrete jungle. Boardmember Laamanen asked how difficult it would be to make the patiu 16' wide, to which Mr. Brecht responded that would cut into his wife's closet. Chair Humpage suggested the applicant might want to reconsider his layout. Village Attorney Randolph advised that the Board could defer the matter to allow the applicant time to redesign the plan. Chair Humpage advised the applicant that deferring would not cost him any more money, and that he was opposed to encroaching on the 20' setback and would like to see the applicant change his plan a little. Boardmember Pullon suggested turning the plan 90 degrees just enough to get into the setbacks, and that would eliminate the need for the variance and the Board of Adjustment. The applicant indicated he would defer and take time to work with the plan. Attorney Randolph advised that there would be no additional fees, that deferral would provide an opportunity to redesign, and if the redesign continued the need for a variance the applicant could return; however, if the Board denied the request tonight the applicant would have to redesign anyway. Boardmember Pullon advised the applicant that the Board's goal was to grant the minimum variance, which the applicant needed to consider. Board of Adjustment Meeting Minutes November 18, 2002 Page 5 ................................... Boardmember Newman commented the applicant was trying to push the setback on one side, but on the other side had room to work. Mr. Brecht commented he had wanted to break up the wall. Mr. Brecht stated he would defer. Boardmember Brienza asked what restrictions applied for a pool, to which Mr. Newell responded the pool could be 50% of the area it covered if an open pool or could be 100% of coverage if enclosed. Mr. Brecht commented his would be an open pool. The Village Attorney commented that the only reason the applicant would need to return would be if he wanted to convince the Board why he could not meet the setbacks. The time for the next meeting was discussed. D. Finding of Fact Based Upon Competent Substantial Evidence Motion: Boardmember Newman made a motion to defer voting on application from Scott and Fatima Brecht, owners of the property located at 364 Franklin Road, Lot 5, Block 14, Jupiter in the Pines, Sec.B Subdivision,requesting a variance to 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, Minimum Rear Yard Setback, to allow the construction of a 468 square foot addition with a rear yard setback of 17' (feet) in lieu of 20' (feet) as required by code until Monday, December 9, 2002, or the application could be withdrawn, and requested the applicant bring a total plan including the pool if he returned. Boardmember Laamanen secoaded the motion. The Village Attorney advised that the applicant could not change the setbacks or the application would have to be re-advertised. The motion carried by unanimous 5-0 vote. V. UNFINISHED BUSINESS Board of Adjustment Meeting Minutes November 18, 2002 Page 6 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, There was no unfinished business to come before the Board. VI. COMMUNICATIONS FROM CITIZENS There was no communication from citizens. VII. ANY OTHER MATTERS Clerk of the Board Newell advised that the Board needed to elect a Vice Chair, since Mr. Owens had resigned. MOTION: Boardmember Newman made a motion to appoint Vi Laamanen as Vice Chair. Boardmember Brienza seconded the motion, which carried by unanimous 5-0 vote. Mr. Newell introduced Village Planner Carol Lux, and indicated that at a later date he would discuss with the Board possibly appointing Ms. Lux as Clerk of the Board. VIII. ADJOURNMENT Upon motion by Boardmember Pullon, seconded by Boardmember Brienza, and unanimously carried, the meeting was adjourned at 7:37 p.m. Respectfully submitted, ���V�1 Betty Laur Recording Secretary ATTEST: ,C� Jeff Newell ,4►2Qt i.vx �.�..1 N� �L,�rz,��C Board of Adjustment Meeting Minutes November 18, 2002 Page 7 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Clerk of the Board DATE APPROVED: �/���a�