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Home My WebLink AboutMinutes_Board of Adjustment_10/28/2002 r � VILLAGE OF TEQUE5TA � Post Office Box 3273 • 250 Tequesta Drive,Suite 300 �'� � Tequesta,Florida 33469-0273 • (561)575-6200 �\�` o°' Fax:(561)575-6203 i BOARD OF ADJUSTMENT PUBLIC HEARING MEETING MINUTES OCTOBER 28, 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, October 28,2002. The meeting was called to order at 7:03 P.M. by Chair Jim Humpage. A roll call was taken. Boardmembers present were: Chair James Humpage, Steve Pullon, Jon Newman, Vi Laamanen, and Alternate Paul Brienza. Also in attendance were Village Attorney John C. Randolph and Clerk of the Board JeffNewell. II. APPROVAL OF AGENDA MOTION: Boardmember Laamanen moved that the Agenda be approved as submitted. Boardmember Newman 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 Newman moved approval of the minutes as submitted for the meet�ng of August 19, 2002. Boardmember Laamanen seconded the motion,which carried by unanimous 5-0 vote. The motion was therefore passed and adopted and the minutes were approved as submitted. Recycled Paper Board of Adjustment Meeting Minutes October 28, 2002 Page 2 ----------------------------------- IV. NEW BUSINESS 1. An application from Ivan Ross, owner of the property located at 251 River Drive, Lot 64, Tequesta Subdivision, requesting a variance to the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, Section XVI, Uniform Waterway Control, Subsection (B),Dock and Pier Length, Width and Configuration, Paragraph(1), to allow the removal of an existing 14' g 56' section of dock,and the construction of a 416 sq. f� dock with a 4' g 80' access pier and a 6' g 16' terminal platform, in lieu of no dock or pier being constructed which extends waterward from the mean high water line in excess of seventy-�ve (75) feet, as required by Code. A. Swearing-In of Witnesses, if Required Clerk of the Board Jeff Newell swore in all those intending to speal�. B. Disclosure of Ex-Parte Communications Chair Humpage reported he had visited the site and had spoken briefly to the owner. Boardmembers Newman and Brienza reported they had had no ex-parte communications. Boardmembers Laamanen and Pullon reported they had visited the site and had spoken to no one. C. Testimony of Witnesses and Cross Examination, if any Gene Wehage,Dolphin Marine Construction,representative for t11e applicant, explained that the intent was for their company to remove the e�sting structure and install a new dock extending out 96', adding a platform and moving the boat lift to the end, which would gain 1' of water depth. Chair Humpage noted that the Board of Adjustment Meeting Minutes October 28, 2002 Page 3 ----------------------------------- owner had been unable to attend tonight because he had chicken pox. Mr. Wehage explained the DEP had approved a 10' x 16' terminal platform and asked if that could be allowed by the Village. The response was that the advertisement for this hearing had been for a 6' x 16' platform, so if the applicant wished to change the size, the hearing would have to be re-advertised. Mr. Wehage indicated he wished to proceed with the 6' x 16' platform as advertised.. Boardmember Laamanen commented this request would almost double the size,from 56' to 96' length. Mr.Wehage responded that the applicant was taking away a 10' wide dock. Discussion ensued regarding code requirements. Boardmember Newman explained that a certain depth requirement must be met and in many places the bottom was too shallow, so that following the Village's code would not enable a boat to be docked at all. Chair Humpage commented that each of these requests were looked at on a case by case basis considering the depth of the river and if the river was more narrow the constraints could not be met. Boardmember Laamanen asked why it was necessary to double the length. Boardmember Newman responded that the new square footage would probably be less than the old dock. Boardmember Laamanen sta.ted it was just an observation, but she hated to see the docks getting bigger. Boardmember Pullon requested the boat lift be tucked in a few feet so the boat motor would not stick out past the end of the dock. Mr. Wehage agreed to move the lift in 4 feet to match the widest point of the dock on the land side. Chair Humpage commented that only two responses had been received, one from Dolphin Marine Construction and one from the owner. Chair Humpage commented he had reviewed each of the required criteria and felt the applicant met them all. D. Finding of Fact Based Upon Competent Substantial Evidence Soard of Adjustment Meeting Minutes October 28, 2002 Page 4 ----------------------------------- Motion: Boardmember Newman made a motion to approve the variance request from Ivan Ross, owner of the property located at 251 River Drive, Lot 64, Tequesta Subdivision, for a variance to the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, Section XVI, Uniform Waterway Control, Subsection(B),Dock and Pier Length,Width and Configuration,Paragraph(1),to allow the removai of an ezisting 10' x 56' section of dock, and the construction of a 416 sq. ft. dock with a 4' x 80' access pier and a 6' x 16' terminal platform, in lieu of no dock or pier being constructed which extends waterward from the mean high water line in ezcess of seventy-five (75) feet, as required by Code, based on having met all of the required criteria, and moving the boat lift in four feet from the pier providing clearance for the motor. Motion was seconded by Boardmember Brienza, and carried by unanimous 5-0 vote. V. UNFINISHED BUSINESS It was reported by Clerk of the Board Newell that Vice Chair David Owens had submitted his resignation from the Board. It was the consensus of the Board to recommend to the Village Council that Alternate Paul Brienza be appointed as a regular Boardmember to fil1 the unexp�red term of Mr. Owens. Mr. Brienza indicated he would accept the appointment VI. CUMMUNICATIONS FROM CITIZENS There was no communication from citizens. Chair Humpage welcomed Wade Griest, who was present following a long illness. Board of Adjustment Meeting Minutes October 28, 2002 Page 5 ----------------------------------- VII. ANY OTHER MATTERS Boardmember Newinan requested for applications to e�end docks past 75'that the Board be provided with an aerial view of tbe properties, since when going out so far the slightest angle change could affect the neighboring properties.G Discussion ensued. Clerk of the Board Newell explained that when an application was submitted a surv�y was required to be sure the riparian setbacks were not violated. Mr.Newell agreed to provide a Village map with these types of applications. VIII. ADJOURNMENT Upon motion by Boardmember Laamanen, seconded by Boardmember Newman, and unanimously carried, the meeting was adjourned at 7:21 p.m. Respectfully submitted, ��:�c.t'�J � . � Betty Laur Recording Secretary A . �� C, e we C k of e Board DATE APPROVED: t ( (�S ZavZ