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HomeMy WebLinkAboutMinutes_BoA_07/16/2001VILLAGE OF TEQUESTA DEPARTMENT OF COMMUNITY DEVELOPMENT Post Office Box 3273 250 Tequesta Drive • Suite 305 Tequesta, Florida 33469-0273 (561) 575-6220 • Fax: (561) 575-6224 BOARD OF ADJUSTMENT PUBLIC HEARING MEETING MINUTES JULY 169 2001 I. CALL TO ORDER AND ROLL CALL The Village of Tequesta Board of Adjustment held a regularly scheduled Public Hearing at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Monday, July 16, 2001. The meeting was called to order at 7:32 P.M. by Chair Jim Humpage. A roll call was taken. Boardmembers present were: Chair James Humpage, Vi Laamanen, Jon Newman, Steve Pullon, and Vice Chair David Owens. Also in attendance was Village Attorney John C. Randolph, Alternate Paul Brienza, and Director of Community Development Jeff Newell. II. APPROVAL OF AGENDA 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. APPOINTMENT OF REPLACEMENT CLERK OF THE BOARD Vice Chair Owens made a motion to appoint Jeff Newell as Clerk of the Board. Boardmember Laamanen seconded the motion, which carried by unanimous 5-0 vote. Kc•n•cled l'rr[�er Board of Adjustment Meeting Minutes July 16, 2001 Page 2 ----------------------------------- IV. APPROVAL OF PREVIOUS MEETING MINUTES Vice Chair Owens moved that the minutes for the meeting of February 26, 2001 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 minutes were approved as submitted. V. NEW BUSINESS 1. An application from Les Gelber, Stephen J. Macari for Broedell Inc., as agent, owner of the property located at 19020 Point Drive, Lot 11, Jupiter Manors/Block D 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, Paragraph (1)(c), Walls and Fences, to allow the construction of six (6') foot high driveway entry columns, walls, and gates located approximately six (6') feet inside the front property line, in lieu of no wall or fence being permitted to extend forward of the building front on any lot or parcel, as required by the Zoning Ordinance. 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 A poll of the Boardmembers indicated Boardmembers Laamanen and Pullon had visited the site and had spoken to no one, and that Boardmember Newman and Vice Chair Owens had had no exparte communications. Chair Humpage had visited the site and spoken with the owner's representative to clarify the change on the drawings of the wall from the meeting which had been scheduled for April and this meeting, and that there was no wall on the present drawing; and had had informal conversation with Mr. Verhoeven, who wanted to tell him Board of Adjustment Meeting Minutes July 16, 2001 Page 3 ----------------------------------- everything Mrs. Verhoeven wanted to tell him, to which Mr. Humpage had responded he did not have that long and she could tell him herself at the meeting. Chair Humpage had also spoken with Mr. Ryan regarding the criteria required by the Village for a variance. C. Testimony of Witnesses and Cross Examination, if any Jim Ryan and Steve Perry were present on behalf of the applicant, and clarified there was now no wall, that the first sketch showed a wall but that had been changed, and now there were only decorative columns connecting ficus hedges, and other houses on Riverside Drive had this treatment. Boardmember Laamanen commented the application stated 30' from the road edge. The applicant clarified the hedge was 30' from the road edge. Boardmember Laamanen commented there was one other, she thought, 5-foot hedge back 25'-30', and it was the only one on the entire drive —there was one with a chain link fence several properties down, a living hedge in some places and in some places absolutely nothing; and if she were in favor of overturning the zoning ordinances in order to provide this, she would say this was the most attractive one. Boardmember Laamanen commented she thought it should be farther back, that the applicant had toned it down, and that she did not want a wall 100' long anywhere even with a gate. Mr. Ryan commented they had taken the wall out. Boardmember Laamanen responded it should be farther back, that it was now 6'. The applicants commented the setback was 30' from the road edge, that the 4 columns at the gate sections were 6' high, that it was 18' across the driveway from column to column; that the driveway was 12' wide. Chair Humpage expressed appreciation to the applicant for removing the wall. The applicant explained there was a wall around the mechanical section but it was very well camouflaged and could not be seen whatsoever from the street side. Chair Humpage asked if the ficus hedge was where the old wall had been, which was verified by the applicant. Boardmember Laamanen asked if there were columns between the ficus hedge, and the overall distance. Applicant verified there were columns between the ficus hedge and that the overall length was 100'. Board of Adjustment Meeting Minutes July 16, 2001 Page 4 Bill Snyder, 19058 Point Drive, which he stated was 3 houses to the north, commented he had just looked at the plans, and had sent a letter. Mr. Snyder commented he and his wife moved here 1-1/2 years ago from Boca to get away from walls and fortresses, and to live in a family oriented neighborhood. Mr. Snyder commented using a hedge, columns, and gates created the same effect as a wall and his objection was to changing the atmosphere of the neighborhood. Mr. Snyder commented if this was allowed then the Village was saying it was okay for everyone else to do this when new houses were being built, and there was another one under construction with a far greater area in front along the roadway. Chair Humpage requested copies of the letters from the neighbors, which were provided by the Recording Secretary. Chair Humpage commented the wall had been a problem, but the Village's code did not dictate about columns or hedges. The City Attorney verified there was nothing in the code regarding hedges. Mr. Snyder commented there was reference in the code to walls and gates. Chair Humpage commented the Board could not control berms or hedges —that was not within the purview of the Board, and they could not stop the hedge from going in. Chair Humpage commented he had not been happy when he saw the wall, but then when the plans came back with it deleted he was much more pleased. Chair Humpage asked Mr. Snyder if he still felt the same way about the hedge. Mr. Snyder commented he still felt the same way, that he did not have a gate or columns but had shrubs on both sides which still gave privacy with an open feel. Mr. Snyder commented this hedge with columns and gates did almost the same thing as a wall and he still objected. Village Attorney Randolph read into the record letters of opposition from the following neighbors: William L. Snyder and Marie Snyder dated 7/5/01; William L. Snyder dated 5/16/01, Jim and Joy Sheridan dated 4/20/01; Dolores Groll and Edwin Groll dated 4/20/01, Keith and Linda Bedard dated 4/20/01, Charles B. Fischer, Jr. dated 4/12/01, Keith and Linda F. Bedard dated 7/11/01, Harrison W. and Cheryl H. Hine dated 7/3/01, Harrison W. Hine dated 5/23/01, Florence A. Russell dated 7/3/01, and a note which was in the file from Peggy Board of Adjustment Meeting Minutes July 16, 2001 Page 5 ----------------------------------- Verhoeven. All of this correspondence has been attached to and made a part of these minutes. Peggy Verhoeven, 18996 Point Drive, commented she was in agreement with most of the letters, that the new plan had a 30' setback but there was not much difference between the two plans., and the applicant might not like it if the rest of the houses did this. Mrs. Verhoeven expressed concern that the huge Marriott property had much more frontage than 100' and she was afraid to think what they might do with that property. Mrs. Verhoeven commented this would not be consistent and would destroy the ambiance of the first seven houses, and that she was afraid a fortress wall would be put in on the property next to her, and that the value and aesthetic appearance of the homes would be taken away. Joann Jacobson, 19000 Point Drive, spoke in favor of the proposed hedge, indicating she had lived here 11 years and owned another lot on the south side of her property. Ms. Jacobson commented she was pleased people were building new properties; that this was her next door neighbor, and she thought the columns with gates and the plants on each side would only enhance this property, which was lovely. Ms. Jacobson commented she saw nothing wrong with this; that she would have objected to a wall, but now it was all ficus hedge and this was a wide property. Ms. Jacobson commented she did not think the entire point should be based on what this property was doing, and this only enhanced this property. The applicant commented people were objecting, but reminded the Board that if they had placed the front wall of the garage 25' back they could have built a wall off that under the code, and the Board would have had no say in the matter. Instead, they had decided to build the house all the way back on the property, and had decided to do a decorative entry, which was all they were trying to do. D. Finding of Fact Based Upon Competent Substantial Evidence Board of Adjustment Meeting Minutes July 16, 2001 Page 6 Boardmember Laamanen made a motion not to approve the variance request from Les Gelber, Stephen J. Macari for Broedell Inc., as agent, owner of the property located at 19020 Point Drive, Lot 11, Jupiter Manors/Block D 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, Paragraph (1)(c), Walls and Fences, to allow the construction of six (6) foot high driveway entry columns, walls, and gates located approximately six (6') feet inside the front property line, in lieu of no wall or fence being permitted to extend forward of the building front on any lot or parcel, as required by the Zoning Ordinance. Boardmember Pullon seconded the motion. The vote on the motion carried by 4-1 vote, with Chair Humpage opposed. 2. An application from Harry and Martha Hersey, owners of the property located at 19223 Riverside Drive, Lots 14 and 15, Block 3, Riverside on the Loxahatchee 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 Provision, Paragraph (1)(c), Walls and Fences, to allow the construction of six (6') foot high driveway entrance columns with gates, and a five (5') high CBS privacy wall with six (6') foot high columns located approximately two (2') foot inside the front property line, in lieu of no wall or fence being permitted to extend forward of the building front on any lot or parcel, as required by the Zoning Ordinance. 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 Board of Adjustment Meeting Minutes July 16, 2001 Page 7 ----------------------------------- A poll of the Boardmembers indicated Boardmembers Laamanen and Pullon and Vice Chair Owens had visited the site and had spoken to no one. Boardmember Newman and had driven by the site and had spoken to no one. Chair Humpage had visited the site and had been approached by someone who said they lived up the street and wanted to see his drawing. C. Testimony of witnesses and Cross Examination, if any. Mr. and Mrs. Hersey, owners, were present. Mr. Hersey commented they had requested a variance asking to replace what was there when they bought the property. There had been a chain link fence with gates for FP&L access, which they demolished with the existing home on the site and now they wanted to replace the fence. Mr. Newell commented the owners had had a non conforming use, but had removed the non conforming use when they tore down the fence, and that was why they now needed a variance. Mr. Hersey commented they had to remove the existing fence to get giant oak trees removed. Chair Humpage drew an analogy with owners of homes where sewers were recently installed of having to replace the driveways. Chair Humpage asked if Mr. and Mrs. Hersey were replacing the chain link fence with another chain link fence, to which Mr. Hersey responded no, that they were requesting a concrete wall instead of chain link fencing. Boardmember Laamanen commented the applicant had alluded to the security of CBS construction, and advised that a C high wall would not protect from a hurricane. Boardmember Laamanen commented that if something was not exactly what people wanted they called it a hardship, but that was not the true definition of a hardship. Boardmember Laamanen referred to the request for a 6' high, 100' wall. The applicant and Mr. Newell both clarified that the application stated "a five (5) foot high CBS privacy wall with six (6) foot high columns". Boardmember Laamanen commented that the overall 105' length was a long, solid fence, and she felt the Village zoning was established to keep the Board of Adjustment Meeting Minutes July 16, 2001 Page 8 ----------------------------------- community the way it is. Boardmember Laamanen commented if 5' or 6' walls at 100' lengths were continually granted there would just be a solid wall and she did not feel it was the right way to go. Mr. Hersey commented his next door neighbor had one exactly like this. Boardmember Laamanen commented it was not the same and that there was only one section that went into the driveway and every time one was granted somebody else was going to say oh, they got a wall, now I want a wall, and she did not want to see any more walls, and the zoning did not provide for walls to be built. Chair Humpage commented what occurred here was if there was a pre-existing wall in another location this Board may not have approved that wall. Mr. Hersey commented it had been approved in the last six months or year. Chair Humpage explained that each case was supposed to be heard on its own merit, that conditions must be specific to the property and not created by the owner, and the Board must consider the requirements in the code, and two wrongs did not make a right. Chair Humpage advised he had disagreed with other members of the Board on the last request for variance, but he had lost. Chair Humpage commented the code did specifically mention the word "wall" and he was not saying the ordinance was wrong or right, but if it needed to be changed that was not to be addressed by this Board. Chair Humpage commented this Board was trying to look at each particular case on its own merit Mr. Hersey stated he thought his neighbors were in agreement with his request. Mr. Newell commented the Department of Community Development had not received any opposition letters for Mr. Hersey's application. D. Finding of Fact Based Upon Competent Substantial Evidence Boardmember Pullon made a motion to approve the application from Harry and Martha Hersey, owners of the property located at 19223 Riverside Drive, Lots 14 and 15, Block 3, Riverside on the Loxahatchee Subdivision, Board of Adjustment Meeting Minutes July 16, 2001 Page 9 ----------------------------------- 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 Provision, Paragraph (1)(c), Walls and Fences, to allow the construction of six (6') foot high driveway entrance columns with gates, and a five (5') high CBS privacy wall with six (6') foot high columns located approximately two (2') foot inside the front property line, in lieu of no wall or fence being permitted to extend forward of the building front on any lot or parcel, as required by the Zoning Ordinance. Boardmember Newman seconded the motion. The motion carried by 3-2 vote, with Chair Humpage and Boardmember Laamanen opposed. V. UNFINISHED BUSINESS There was no unfinished business to come before the Board. VI. COMMUNICATIONS FROM CITIZENS There were no communications from citizens. VII. ANY OTHER MATTERS Village Attorney Randolph suggested that applicants be required to address the requirements under the ordinance that they must meet to substantiate their request, and commented that applicants may not even understand that they have to meet all the criteria. The Village Attorney commented it might help both the Board and the applicant if they were required to address the criteria in their presentation. Chair Humpage commented that applicants must respond to the six criteria and the Boardmembers had copies of that in their packets, but he could make that clear Board of Adjustment Meeting Minutes July 16, 2001 Page 10 ----------------------------------- when they spoke. Chair Humpage requested that items (A) swearing in and (B) exparte communications, be switched, which was agreeable with the Board. Boardmember Pullon commented it would be helpful to him to have copies of letters from the neighbors regarding an application prior to the meeting, and letters could be faxed to him. Mr. Newell advised that letters would be made available before the meeting in the future. Chair Humpage commented he had learned that the Village's Building Department had a zoning atlas which showed every lot and was color coded and which cost $25 per copy, which would be very helpful to the Board when looking at properties. Chair Humpage requested that the Village provide each member of this Board with a copy of this zoning atlas. Chair Humpage asked how to handle a case when an applicant wanted a wall and there was one next door. The Village Attorney advised that it could be stated each case stood on its own; that although, each case had to meet the same criteria the Board looked at the specific property involved. Another Board may have been more lenient or the other wall may have been granted before the zoning was passed; but just because there was a wall next door was not a reason to grant a variance for a wall for an applicant. Boardmember Laamanen expressed concern that zoning was being eroded by continuing to grant 100' walls and it would make the Village look like an armed camp. The Village Attorney advised that precedent would be set. Chair Humpage suggested to Mr. Newell that as people requested variance applications for walls that he advise them the Village did not have an ordinance against live hedges and berms, and to encourage them to use other means of achieving privacy. Mr. Newell agreed, noted this was the first time he had sat on this Board, that he would endeavor to look at what the code did address, and that a text amendment or re -write might be required. Boardmember Laamanen commented that living foliage was not an object for a variance, and questioned if one could plant anything where they wanted. The Village Attorney responded there were height regulations. Mr. Newell commented that looking at columns with living hedge between them you really had a wall, and questioned how that should be viewed from a planning perspective. Discussion ensued. Chair Board of Adjustment Meeting Minutes July 16, 2001 Page 11 ----------------------------------- Humpage commented other alternatives should be suggested in order to work with and encourage the citizens, and asked where columns were addressed in the code since he could not find that, and the applicant tonight had columns and a hedge. Village Attorney Randolph noted the code did not address columns. Alternate Paul Brienza questioned if the Community Appearance Board had any jurisdiction in this case. Mr. Newell responded not in residential areas, only in commercial. Wade Griest, 494 Dover Road, commented there was a restriction on hedges and he could not have one in front of his property. Mr. Griest commented the code was badly in need of changes regarding walls and hedges, and recalled a case where an applicant wanted an 8' wall and the Board granted a 6' wall. The resident had been able to install a 2' berm and put the 6' wall on top, since the code did not address that situation. Mr. Griest questioned whether Kevin Kinnebrew was still a member of the Board, and it was noted that the Village Clerk would check on this. Mr. Griest commented if Mr. Kinnebrew was no longer on the Board, another alternate should be appointed. Chair Humpage requested the Village Council consider setting up an Ordinance Review Committee with one Councilmember, one Department Head, and one Attorney. VIII. ADJOURNMENT Boardmember Laamanen moved that the meeting be adjourned. Boardmember Newman seconded the motion. The motion carried by unanimous 5-0 vote and the meeting was therefore adjourned at 8:43 p.m. Respectfully submitted, Betty Laur Recording Secretary Board of Adjustment Meeting Minutes July 16, 2001 Page 12 ----------------------------------- A TEST: i f we ll C rk of DATE AP ROVED: