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HomeMy WebLinkAboutMinutes_Board of Adjustment_01/04/2005 BUARD OF ADJUSTMEN�" VII�LAGE OF TEQUESTA MEETING MINUTES JANUARY 4,2005 L CALL TO ORDER AND ROLL CALL The Village of Tequesta. Board of Adjustment held a scheduled meeting at the Tequesta Recreation Center, 399 Seabrook Road, Tequesta, Florida, an Monday, January 4, 2005. The meeting was called to order at 7:00 P.M. A roll call was taken by Village Clerk Gwen Carlisle. Board Members present were: Vice Chair Paul Brienza, Board Member Steve Pullon, Board Member Ward Bertholf, Alternate Member John Brazinskas, and Alternate Member Bernard Ward. Also in attendance were�illage Attorney Scott Hawkins, Village Clerk Gwen Carlisle and Village Planner Carol Lux, sitting in for Clerk of the Board Jeff Newell. Absent from this meeting were Board Member John Newman and Chair � Laamanen. II. APPROVAL OF AGENDA MOTI N: Board Member 1'ullon moved to approve the Agenda as submitted; seconded by T�ard Bertho� motion pa'ssed S-0. III. APPROVAL OF PREVIOUS MEETING MINUTES MOTION: Bocxrd Member Pullon moved table the Minutes o,f the November�S, 2004 Meeting; seeonded by Board Memher Warrd; motion passed S-0. IV. NEW BUSiNESS 1. An application from Richard J. Berube, owner of the property located at 4 Country Club Cr.,Lat 13 Block 1, Country Club Point,requesting a variance to the terms ofthe Official Comprehensive Zoning Ordinance of the Village of Tequesta, �rdinance No. 355, as amended,Article VI. Schedule of District Regulatians,Division 1 Generaliy Section 78- 143, Schedule of Site Requirements, R-1 District, Rear Yard Setback, to allow far the construction of a 25'x 20' one story workshop addition to e�rtend within the 20' rear setback.The addition is to e�rtend 4.Q9 feet into the r�ar yard setback for a total proposed rear setback of 15.91 feet. 2. An application from Richard J.Berube, owner of the property located at 4 Country Club Cr.,Lot 13 Block 1,Country Club Point,requesting a variance to the terms ofthe O$'icial Comprshensive Zoning Ordinance of the Village of Tequesta, �rdinance Na. 355, as amended, Article IX Supplemental Regulations Division l. Generally Section 78-293, Floor elevation above sea level;ta allow the addition of a workshop at the existing house floor elevation of 8.33' (feet) above mean sea level (MSL), and 18+ inches above the crown of the road, to match the rest of the house, in lieu of all new construction, Board of Adjustment Meeting Minutes January 4, 2005 Page 2 additions, and substantial improvements to existing structures being S.5' MSL or 18" (inches)above the crown of the road, cul-de-sac or highway or meet the requirements of Section 78-293, Flflod Hazard Areas, whichever is more stringent, as required by the Zoning Ordinance. Ms. Lux read the application request into the record. A. Villa�e Attorney Scott Hawkins summarized the responsibilities of the Board of Adjustments to the new members. Three new members were present at this meeting for the first time. These members were: new Regular Member Ward Bertholf, and new Alternate Members Bernard Ward and John Brazinska.s.Mr.Hawkins explained the meaning of a quasi judicial meeting.He then proceeded to swear in the witnesses. B. Swearing-In of Witnesses Village Attorney Scott Hawkins swore in all those intending to speak for this application. 4nly the applicant Mr. Richard Berube was sworn in as requesting to speak in this matter C. Disclasure of Ex-Parte Communications Ex-parte Communications—Vice Chair Brienza,Boazd Member Pullon,and Alternate Board Member Ward stated they had visited the site and had not spoke with anyone regarding this matter. Alternaxe Board Member Brazinskas and Board Member Bertholf had not visited the site nor had they spoke with anyone. D. Testimony of Witnesses and Cross Examination Mr. Berube was asked by the Village Attorney to summarize his request for the new members. His application had been tabled from the previous meeting. Mr. Berube � explained that he would like to build a workshop, and in order to fit this workshop within the confines of the lot; he would need to encroach upon his setback. Mr. Berube atated that they looked at eonfiguring the plan to allow a canfiguration that would push the buildin�4-5 feet closer to the street,but noted that wauld cause the line of the houses to be offwith the remainder of the street. He comme�ted it would be mare aesthetics thing than anything else. He noted he had spoke with his neighbors, and there are letters on file stating that they have no objections to his request. He stated the idea was to build a workshop that did not look like a workshop, and carpentry is his hobby so he would like to put it as a free standing building. In order to accomplish his request he would have to encroach irrto the rear setback 4.09 feet, with a difference of 15.91 feet between the setback and the edge closest to the building. Board of Adjustment Meeting Minutes January 4, 2005 Page 3 Mr.Berube went on to explain his second variance request.He mentioned he iurtended to build the floor at the same level as his e�sting garage, and at the last meeting Board Member Pullon suggested that Mr.Berube might want to cansider raising the floor because may be years from now, he may want to use it as living space.He noted in order to do that: there were two ways of doin$that with a variance and without a variance. He commented the variance thax he is requesting is to aUow the floor to be raised ta same level as the existing floor,the way the house was built 32 years ago. He commented he would raise the floar to meet the code, which would give him 6 inches, 6 inches higher than his house. He noted that would be more aesthetic issues than other issues, such as the fascia dces not match, and now there will be a new part of the house that has been raised and looks different than the rest of the house. He noted they would like to raise it up to the same level of the existing floor,which was adequate at the time the house was built before the flood management made requirements to have houses built to certain minimum which at this point the flood zane is 8.5 feet. He indicated that was the request before the Board. Board Member Pullon asked if the east side of the house was considered the back side of the house. Mr.Berube said yes. Board Member Pullon noted the survey show the finish floor elevation of 8.06 feet, and Mr. Berube's letter states 8.33 feet. He indicaxed he believes the surveyor would be eorrect. Mr. Berube stated he is going by with the survey of 8.Ob feet the elevation of the e�sting structure of the finished floor. Board Member Pullon asked Mr.BerubE if he would want to match that. Mr. Berube responded in the affirmative. Board Member Pullon questioned whether it would affect the ceiling height greatly to pour the floor up higher, and not raise the entire building up 6 inches, and then have a step up in the workshop. Mr. Berube replied that he would still be stepping up if he went with the house level. Board Member Pullon asked whether Mr.Berube entered the workshop from the garage or the house. Mr. Berube answered from the garage. Board Member Pullon felt Mr. Berube would be stepping up anyway. Mr. Berube replied yes. Mr. Berube noted now it was not a normal step height. It is at between hei�hts where you have 4-1l2 inches from the garage floor up to the house floor, and then there is another,it noted he checked that with his surveyor, and it still wauld be an odd step size. He noted if you put a half step, no matter how they cut it, it is a goofy step size. Baard Member Pullon stated as he understands the code,it is 8-1/2 feet abave mean sea level or 18" above the crown of the road, whichever is more stringent. Mr. Berube agreed. Board Member Pullon asked if he has the 18"above the crown. Mr. Berube replied no, they would have to �o up 6 inches. Boaxd Mernber Pullon explained on his property,the 18" above the crown was no problem; the 8-1/2 feet was. He asked whether Mr.Berube had the 18 inches,because he felt the code reads he has to meet whichever is more stringent. Mr.Berube stated no that the house was built back then and it is not 18" above the road. Board of Adjustment Meeting Minutes January 4, 2005 Page 4 Board Member Pullon asked Ms. Carol Lux if she was okay with that. Mr. Lux responded in the affirmative, and stated it has to be whichever is more stringent. Board Member Pullon noted the Board was really not looking at which is more stringent in this case. Mr.Berube replied to his knowledge it is not the 18", it is the additional8 inches that is ok. Ms. Lux agreed. Acting Chair Brienza inyuired whether there was existing landsca.pin�between the neighbors. Mr. Berube replied yes, and noted there is about 6 foot hedge, and that he is trying to grow a tall hedge here. He noted in fact there is a double hedge; he built a hedge and his neighbor built a hedge. He commented the house has since heen sold to a different awner, but there are two hedges side by side. Board Member Ward asked if the encroachment into the setback that is seen on the survey, is it the footprint, Mr. Berube replied yes. Board Member Ward noted he was going to have an overhang that sticks into the easement as well. Mr.Berube said yes. He felt the overhang did not matter, according to the regulations it was not the overhang tha.t was the issue, it was the wa.11. He commented he did not mean to dispute that, but if the overhang was two feet; he would be two feet farther into the setback requirement. Board Member Ward noted he knows it does not affect the footprint but this is something to think about; 4 feet into it now and we gvt a 2 feet overhang, so if someone had to use that setback to access for utility reasons or whatever, they would have to deal with your overhang. Mr. Berube agreed, but noted they were still talking about 12 feet, which he felt is quite a bit. He noted he has access into the other side of the house, but was even narrower. Board Member Ward asked if he was putting the board on east side. Mr. Berube responded in the affirmative, and stated he would pour slab as far as the codes allow,and add a six{6} foot fence. He commented there is a boat there now and there is only a four foot fence in front of it, Board Member Pullon asked if Mr. Berube was aware there is a hold harmless agreement, that generally the way these finished floor elevations aze handled the Village has the applicant sign a waiver basically that says if your house floods,it is not the Villa�e's problem. He asked Mr. Berube if he was comfortable with this agreement. Mr. Berube replied yes and indicated he had talked about it he has no problem with it. Acting Chair Brienza �sked the Board shauld call the question. Villag;e Attorney Havvkins agreed, and stated he would like to ask a question of the Board. He asked if the Board was choosing ta vate affirmatively that the Board notes that they are approving the request for the variances of the two items and tha.t in their judgment based on the fact presented the two requests satisfy the criteria,which are contained in the backup. He stated if there is an affirmative vote he assumes that would be a Finding. He asked if anyone has a question on his point. r Board of Adjustment Meeting Minutes January 4, 2005 Page b VI. COl��ViUNICATIONS FROM CITIZENS - None VII. AN�O'TI-�R MATTERS Board Member�Vard inquired whether there is another meeting planned. Ms. Lux stated the meetings are called as needed, and that she does not have an applicant for February at this point. She noted the applicant should come in early,because it usually takes two weeks to advertise and at least a week for Staff to review. She stated that she would email the Board members to notify them if there was a meeting scheduled. Mr. Berube thanked the Board members for having the meeting. VIII. AD30LfRNNiENT MOTI4N: Board Member Steve Pullon moved to approve adjournment, seconded by Board Membet� Ward, motion passed S-D. The meeting was adjourned at 8:00 P. M. Respectfully submitted, ��� Gwen Carlisle, Village Clerk