The URL can be used to link to this page

Home My WebLink AboutMinutes_Board of Adjustment_08/19/2002 °F rE VILLAGE �F TEQUESTA �.vp �sa ' DEPARTiV�N'1'OF CO1vIlVIUNi'I'Y DEVELOPMF,NT Post Office Box 3273 s '� Q` 250 Tequesta Drive • Suite 305 f m �:➢` , 4�¢ Tequesta, Florida 33469-0273 �h cou ° (561) 575-6220 • F�: (561) 575-62'L4 BOARD OF ADJUSTMENT PUBLIC HEARING MEETING 1VIINUTES AUGUST 19, 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,August 19,2002. The meeting was called to order at 7:00 P 1�I. by Chair Jim Humpage. A roll call was taken. Boardmembers present were: Chair James Humpage, Vice Chair David Owens, Steve Pu11on, Jon Newman, and Vi Laamanen. Also in attendance were Village Attorney John C.Randolph and Clerk of the Board,Director of Community Development Jeff Newell. II. APPROVAL OF AGENDA MOTION: Vice Chair Owens moved that the Agenda be approved as submitted. Boardmember Laamanen 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 Vice Chair Owens moved approval of the minutes for the meeting of June 17, 2002 as submitted. 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 Recvc[ed Paper Board of Adjustment . Meeting Minutes August 19, 2002 Page 2 submitted. IV. NEW BUSINES5 1. An application from Blue Water Estates,Inc.,owner under contract of the property located at 115 Point Circle, Lot 32, 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 VII, Schedule of Regulations and Application of Regulations, Subsection (C), Schedule of Site Requirements,R-lA District,Minimum Lot Width, to allow the demolition and rebuilding of a single family residence on a platted lot with a lot width of 90 fee�in lieu of minimum lot width of 100 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 Ez-Parte Communications Boardmember Newman reported he had had no ex-parte communications; Boardmembers Pullon, Laamanen, Owens, and Humpage reported visiting the site but speaking to no one. C. Testimony of Wit�esses and Cross Examination, if any Robert Scialla, representa.tive for the applicant, explained that the intent was for their company to purchase this home for demolition and rebuild. While under contract to purchase and preparing plans for the new home, they had learned that since the zoning code change in the mid-1980's the lot would become unbuildable if the present structure was demolished. The applicant requested a Board of Adjustment Mee�ing Minutes August 19, 2002 Page 3 ................................... variance in order to build on the current setbacks within a 90' lot. In response to questions from the Board,Mr. Scialla clarified that he represented Blue Water Estates, Inc., that he had a site plan in his car that he could bring in if the Board wanted to see it,that they were observing the required setbacks for R1A, and instead of the 20' rear required setback their setback would be approximately 35'. Boardmember Pullon asked if the existing house could be remodeled if the variance request was not approved,to which the response was yes if it stayed within zoning requirements. Mr. Newell explained there were several lots in this area that did not meet the 100' width and that the rule had changed in 1988. Chair Humpage commented that in 198$the Village Council had created the 100' width and if one looked at other lots in the area those lots were 90' to 80', so the Boa.rd's decision on this request would affect those properties. Mr.Humpage commented that when these lots were plotted that was the size the Village thought was buildable, and he did not want to create a hardship on this applicant because it would make all those lots worthless. Chair Humpage noted this applicant had a hardship not created by him. Chair Humpage requested that future variance requests of this type include the site plan for the proposed home showing its location on the lot. Mr. Newell commented he had advised the applicant to request a variance since once they demolished the existing home this lot would become unbuildable. The Village Attorney clarified that if the existing house were torn down the lot would become non-conforming,which was why it was here,and.the Board could look at the size of the proposed house unless they were only concerned it would be within current setbacks. Chair Humpage stated he did not have a problem. Village Attorney Randolph commented that approval would create a variance to build a house on an undersized lot. Mr. Scialla commented the new house would be a 2-story 4,000 s.f. home. Mr.Newell advised that 30' was the maximum building height, and the applicant stated the proposed dwelling was within that limit. Chair Humpage advised the applicant that if the variance were approved they would still have Board of Adjustment Meeting Minutes August 19, 2002 Page 4 ................................... to comply with all requirements of R1A—that the Board would just be granting a variance for 100' lot width. Motion: Boardmember Newman made a motion to approve the variance request from Blue Water Estates, Inc,, for the property located at 115 Point Circle, Lot 32, Tequesta Subdivision, since all six criteria had beeo met, provided the applicant met all setbacks of the R1A siagle family dwelling zoning district,and that the variance was to build on a lot less than 100' in width. Boardmember Laamanen seconded the motion. During discussion of the motion, the Village Attorney advised that the Board was making the finding t6at the applicant had met all criteria set forth in the code. Boardmember Pullon asked if anyone in the audience wished . to speak, to which there was no response. Roll call vote was taken. Jim Hnmpage for David Owens for Jon Newman for Steve Pullon for Vi Laamanen for Motion carried by unanimous 5-0 vote. Boardmember Newrnan asked why the Village Council had not taken into consideration that there would be lots under 100' when they had changed the requirement and made an exception when they wrote the new rule. Village Attorney Randolph responded that was never done, that the Village Council wanted to see 100' lots going forward, and it would be the responsibility of the individual lot owner to come for a variance on a case-by-case basis. Boardmember Newman asked if a new house could be built under the original lines of the existing house, to which the Attorney responded not if they had demolished the existing house. Attorney Randolph advised that by granting this variance, anybody who had an undersize lot would be ab�e to come before the Board and get a variance, which he believed would change the ��--- .� � �-��.-,� � ' - `��- ..�-�` "��-'�� .3 -�-�---a� _ �;�i� - �:�.:� -�� - . - ' -�-,. -� -3 .. .-- . � .� � 5,--� ..J .� ��s.- t - ��=� � - ��se..�- Board of Adjustment Meeting Minutes August 19, 2002 Page 5 ................................... character of the neighborhood. V. UNFINISHED BUSINESS It was the consensus of the Board that if there was this type of variance request presented in the future that the Community Development Department provide the Board with a plan depicting the lot with the existing structure and a plan showing the new replacement dwelling on the lot. VI. COMMUNICATIONS FROM CITIZENS Philip Cary advised he was now a resident of the Village, and questioned the difference in tonight's request, which the Board had granted, and his request which was not granted. Chair Humpage responded that Mr. Cary's lot had been involved in a lot split and tonight's lot had never been changed from the way it had originally been platted with all the other lots. The Village Attorney advised that tonight's applicant would still have to meet the setbacks. Mr. Pullon commented that in Mr. Cary's case there was a buildable area on the lot but if tonight's applicant demolished the existing house he could not build anything. VII. ANY OTHER MATTERS � There were no other matters to come before the Board. VIII. ADJOURNMENT Upon motion by Vice Chair Owens, seconded by Boardmember Pullon, and unanimously carried, the meeting was adjourned at 7:22 p.m. Board of Adjustment Meeting Minutes � August 19, 2002 Page 6 ................................... Respecffully submitted, ��-c�c/�.� Betty Laur Recording Secretary ST: r ` � C ew 11 C rk of e Board DATE AP ROVED: � - �- �� - � �s �g -r� _�� .�:'� - -_� �..�-'�,�� - �:' _ - _ �"� _ �='_=' ' - ,� _ _ -- " ' - _ -_ '�� _ '_ _ _