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HomeMy WebLinkAboutMinutes_BoA_12/18/200VILLAGE OF TEQUESTA DEPARTWNr OF CONUffl-JI'= DEVnOPWNr Post Office Box 3273 - 357 Tequesta Drive Tequesta, Florida 33469-0273 - (561) 575-6220 Fax: (561) 575-6239 BOARD OF ADJUSTMENT PUBLIC HEARING MEETING NUNUTES DECEMMER 18, 2000 I. CALL TO ORDER AND ROLL CALL The Village of Tequesta Board of Adjustment held a regularly scheduled Public Hearing at the Villaae Hall, 357 Tequesta Drive, Tequesta, Florida, on Monday, December 18, 2000. The meeting was called to order at 7:32 P.M. by Vice Chair Jim Humpage. A roll call was taken. Boardmembers present were: Vice Chair James Humpage, David Owens, Jon Newman, and Steve Pullon. Also in attendance were Scott D. Ladd, Clerk of the Board, and Attorney Lesley Hogan- sitting in for Village Attorney John C. Randolph. Chair Kevin Kinnebrew was absent from the meeting. Ii. APPROVAL OF AGENDA Boardmember Pullon moved that the Agenda be approved as submitted. Boardmember Newman seconded the motion. The vote on the motion was: James Humpage - for David Owens - for Jon Newman - for Steve Pullon - for The motion was therefore passed and adopted and the Agenda was approved as submitted. III. APPROVAL OF PREVIOUS MEETING MINUTES Boardmember Pullon moved that the minutes for the meeting of November 20, 2000 be approved as submitted. Boardmember Recycled Paper Board of Adjustment Meeting Minutes December 18, 2000 Page 2 ----------------------------------- Newman seconded the motion. The vote on the motion was: James Hurrpage - for David Owens - for Jon Newman - for Steve Pullon - for The motion was therefore passed and adopted and the minutes were approved as submitted. Vice Chair Humpage noted that the letter dated November 22, 2000, sent to the applicant, Mr. Ripma, had referred to the Board of Adjustment meeting of November 21, 2000 instead of November 20, 2000. IV. NEW BUSINESS 1. None V. UNFINISHED BUSINESS 1. Tabled from November 20, 2000, an Application from Florida Trend Development Corp., owner of Lots 12 and 13, Coconut Cove Subdivision, requesting a variance to the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance Na.- 355, as amended, Section X Supplemental Regulations, Subsection (A) , General Provisions, Paragraph (1)-(c4, Walls and Fences, to allow the erection of the following: 1. Six foot high decorative walls with six foot high pillars along the north property line of Lot 12 and the south property line of Lot 13, 2. Five foot high gated decorative walls with six foot high pillars across the front of each property and located nine feet forward of the proposed building front, in lieu of no wall or fence being permitted to extend forward of the building front on -any lot or parcel, as Board of Adjustment Meeting Minutes December 18, 2000 Page 3 ----------------------------------- required by the Zoning Code. A. Swearing -In of Witnesses, if Required Clerk of the Board Scott D. Ladd swore in all those intending to speak. 2. Disclosure of Ex -Parte Communications All Boardmembers present reported no ex -parte communication. 3. Testimony of Witnesses and Cross Examination, if any Gordon Ripma, 142 Pine Hill Trail, commented that at the last meeting there had been discussion regarding placing a wall 91 in front of the building front, and he had provided the Board with a list of approximately 3G places in the general area where the wall existed forward of the construction line, which he believed members of the board had intended to visit. Vice Chair Humpage commented he had looked at some of the other locations and there were other walls forward of the building front that were in existence, but the Board of Adjustment must take each item individually, and the criteria that the Board must consider was solely the six requirements in the Ordinance. Mr. Humpage noted he had visited the site previous to the first meeting, as noted at that meeting. Mr. Humpage- commented that the Board must follow the letter of the Code and it was not their job to agree or di-sagree with it. Vice Chair Humpage reported he had reviewed the applicant's responses to each of the six criteria and had only found two that he believed would allow the variance. Mr. Humpage noted the first item was very particular in stating what special conditions and circumstances exist that are particular to the land, the structure, or the building, and he could not see anything particular to this property that would warrant granting a variance. Mr. Humpage noted that he realized in Mr. Ripma's eyes there were special conditions, but he knew about this Board of Adjustment Meeting Minutes December 18, 2000 Page 4 ----------------------------------- Ordinance when he built the building. Mr. Ripma commented the houses were not built yet, but yes that he was aware of the Ordinance. Vice Chair Humpage noted one of the things the Board must be diligent in was to hold the same criteria for everybody, and asked if Mr. Ripma could tell him of any special conditions and circumstances particular to the land, the structure, or the building. Mr. Ripma responded that most properties did not have a lift station sitting in front of the house, and there was a lift station directly in front of Lot 13, which was part of the consideration for screening, so there was a hardship in regard to that. Mr. Ripma commented that also, these were two narrow lots, and if the wall were connected to ths house as required by Code, one would have to go outside the privacy walls in -order to get into the rear of the- house f rom- the west. side. Mr. Ripma stated there was a narrow lot, a configuration that was difficult to work with, and a --lift station, so there was some hardship. Vice Chair Humpage questioned Clerk of the Board Scott D. Ladd whether the garage was considered the normal line for the wall, to which Mr. Ladd responded -yes, that it was the actual building front. Vice Chair Humpage noted that with the wall built to conform to Code you could still go f rom, the garage to the back of the property, to which Mr. Ripma responded that you could go through the passageway at the back of the garage but you could not go around the house to the west into the back yard without going outside the wall, and indicated this on the plans. Mr. Ripma noted he could also comply with Code by placing two columns where he was asking for the wall and adding a lean-to roof. Mr. Ladd commented that would be re-establishing the building. front. Vice Chair Humpage commented that the Board must consider the plans as presented and not changes that could be made. Vice Chair Humpage referred to one of Mr. Ripma's responses to the required criteria that this condition did not exist in other municipalities but it did in Tequesta, and explained that the Board could not change what was in the Code, but a change could be addressed by Mr. Ripma. Vice Chair Humpage stated he had a problem Board of Adjustment Meeting Minutes December 18, 2000 Page 5 ----------------------------------- with the wall and did not f eel the criteria had been met in all six instances. Clerk of the Board Scott D. Ladd read into the record two letters from neighbors opposing the variance. The letters were from Charles A. and Jean Immucci, 32 Coconut Lane, and Jay H. Fisher, 36 Coconut Lane, copies of which have been attached to and made a part of these minutes as Exhibit "A" and Exhibit "B". In Mr. Fisher's letter the statement that the walls and gates would close off a right of way deeded to the Village of Tequesta was explained by Mr. Ladd, who commented that this was a drainage easement between the two lots which went to a 361 easement at the east end of the property near the dock. Mr. Ladd explained that the only dilemma for the Vill-age was they must have access; therefore, if this applicaiton were approved, the piers and wall- as shown on the plans presented would have to be modified to be off the easement and swing gat -es would have to be erected to allow the Village to access the easement. Mr. Ladd verified that would not allow other residents public access. Mr. Ripma explained that the entryway and the dock was only for lots 12 and 13, and that this configuration had been designed because there had not bezn-room for separate docks. Mr. Ladd commented this was a private dock for those two lots. Boardmembex Pullon commented that the opinion of the neighbors had weighed heavily in his decision on this application. Boardmember Pullon made a motion to deny the variance request from Florida- Trend Development Corp., owner of Lots 12 and 13, Coconut Cove Subdivizion, requesting a. variance to allow the erection of six foot high decorative walls with six foot high pillars along the� north- property line of Lot 12 and the south property line of Lot 13,and five foot high gated decorative walls with six foot high pillars across the front of each property and located nine feet -forward of the- proposed building front, 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 Code, because Board of Adjustment Meeting Minutes December 18, 2000 Page 6 ----------------------------------- he felt the six criteria had not been sufficiently met. Motion was seconded by Boardmember Newman. The vote on the motion was: James Humpage - for David Owens - for Jon Newman - for Steve Pullon - for The motion was therefore passed and adopted. Mr. Ripma commented that he would try to get the zoning code changed. V. UNFINISHED BUSINESS There was no unfinished business to come before the Board. VI. COMMUNICATIONS FROM CITIZENS Wade Griest wished the Board a Merry Christmas. VII. ANY OTHER MATTERS There were no other matters to come before the Board. VIII. ADJOURNMENT Boardmember Newman moved that the meeting be adjourned. Boardmember Pullon seconded the motion. The vote on the motion was: James Humpage - for David Owens - for Jon Newman - for Steve Pullon - for The motion was therefore passed and adopted and the meeting was adjourned at 7:53 p.m. Board of Adjustment Meeting Minutes December 18, 2000 Page 7 ----------------------------------- Respectfully submitted, Betty Laur Recording Secretary ATTEST: Scott D. Ladd Clerk of the Board DATE APPROVED: