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HomeMy WebLinkAboutMinutes_BoA_10/15/2001VILLAGE OF TEQUESTA DEPARTMENT OF COMAIUNRY 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 OCTOBER 159 2001 1. 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, October 15, 2001. The meeting was called to order at 7:30 P.M. by Chair Jim Humpage. A roll call was taken. Boardmembers present were: Chair James Humpage, Vice Chair David Owens, Jon Newman, Steve Pullon, and Vi Laamanen,. Also in attendance was Attorney Lesley Hogan sitting in for Village Attorney John C. Randolph, and Director of Community Development Jeff Newell. II. APPROVAL OF AGENDA Boardmember Laamanen moved that the Agenda be approved as submitted. Vice Chair Owens 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 that the minutes for the meeting of July 16, 2001 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 minutes were approved as submitted. Reqycled Paper Board of Adjustment Meeting Minutes October 15, 2001 Page 2 ----------------------------------- V1. NEW BUSINESS 1. An application from Jack Newsome, owner of the property located at 351 Mars Avenue, Lot 12, Block 33, Jupiter in the Pines Sec. 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 VII, Schedule of Regulations and Application of Regulations, Subsection (C), Schedule of Site Requirements, R-1 Single -Family Dwelling District, minimum front yard setback, to allow the construction of an addition with a front yard setback of 23.3' (feet), in lieu of 25' (feet) front yard setback, as required by the Code. 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 that Chair Humpage had spoken to the applicant and had visited the site, and that none of the other Boardmembers had had any exparte communications. C. Testimony of Witnesses and Cross Examination, if any Jack Newsome reported he had moved to Tequesta a few months ago and purchased a house with one bathroom, believing there would be no problem adding a second bathroom since there was approximately 20 feet on one side; however, since it was a corner lot there was a setback that would not allow a bathroom in that location, which was the only appropriate place. Mr. Newsome explained that since he was a diabetic he could experience future health problems which would necessitate a live-in helper and in that case a second bathroom would be required. Chair Humpage commented there was already an existing patio and roof extension where Mr. Newsome was requesting the variance tod add the second bathroom. Chair Humpage reported he had Board of Adjustment Meeting Minutes October 15, 2001 Page 3 ................................... taken the six criteria for granting a variance with him to the site and had found no problems and that the criteria had been met. The only property owner who had responded to the Village's letter lived across the street, and had stated no objections. Mr. Newsome clarified he needed a 20 -inch variance. Boardmember Laamanen commented the lack of a second bath was not an important reason for requesting a variance, but Mr. Newsome had gone to the trouble of finding a location that was the shortest distance for the variance request, and that would also be the best location for Mr. Newsome's medical needs. Clerk of the Board Newell read into the record the one letter of support received from Mr. & Mrs. Robert P. McCullough, which has been attached to and made a part of these minutes. Clerk of the Board Newell read the criteria for granting a variance and Mr. Newsome's justifications. This justification statement has been attached to and made a part of these minutes.. Boardmember Newman made a motion to approve the variance as requested by Jack Newsome, owner of the property located at 351 Mars Avenue, Lot 12, Block 33, Jupiter in the Pines Sec. D Subdivision, Tequesta, Florida, on the grounds that all six criteria for granting a variance had been met. Vice Chair Owens seconded the motion, which carried by unanimous 5-0 vote. 1. An application from Leslie I Gelber and Marguerite M. Gelber, owners 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 four driveway entry columns with two radius walls to a decorative aluminum gate, located approximately twenty -rive (25) 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. Board of Adjustment Meeting Minutes October 15, 2001 Page 4 ................................... 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 Chair Humpage reported he had visited the site 2-3 times, and had spoken with Mr. Ryan, with Mr. Brodel, and the applicant. Vice Chair Owens indicated he had visited the site and had spoken with Mr. Ryan. Boardmember Newman indicated he had visited the site and had received a phone call from Mr. Ryan, but had directed him that discussion would be at the meeting. Boardmember Pullon reported he was contacted by Mr. Ryan, he had spoken with Mr. Newell regarding this applicaiton, and he had visited the site. Boardmember Laamanen reported she did not visit the site this time, but had the last time this application was presented. Ms. Laamanen indicated she had received a call from Mr. Ryan and had deferred her comments to this meeting. C. Testimony of Witnesses and Cross Examination, if any Jim Ryan was present on behalf of the applicant, and indicated most of the barrier was a ficus hedge, that the 9 columns previously submitted had been changed to gates and two supporting columns supporting the gate mechanism. Mr. Ryan explained the applicant had discussed the plan with those members of the Board who had opposed the last application. Clerk of the Board Newell read into the record 11 letters in support of the application from the following addresses: 4 Shady Lane, 6 Rio Vista Drive, 1 Rio Vista Drive, 25 Bay Harbor, 23 Shady Lane, 18778 Rio Vista Drive, 19000 Point Drive, 18978 Point Drive, 19058 Point Drive, 19038 Point Drive, and 3 Shady Lane. One letter of opposition was received from Florence Russell, President, Whitehall Condominium. Mr. Gelber explained that Point Drive, where his home was located, turned into Rio Vista Drive, so the letters from those addresses were from people who lived on the same street where he lived . The letters are attached to and made a part of these minutes. Mr. Ryan commented that those present tonight who in July had been Board of Adjustment Meeting Minutes October 15, 2001 Page 5 ................................... opposed were now in favor of the variance request. Mr. Ryan reviewed the revised elevation. It was explained that Mr. Gelber had asked Florence Russell for an alternative, but she offered none; he had asked if he could plant a hedge consistent with that of Whitehall, and she had responded, no. Mr. Gelber explained that everyone with a view of the front of his property had been consulted and the proposed product reflected their requests. Joann Jacobsen, adjacent property owner to the south, was sworn in and spoke in favor of the variance request. Mr. Ryan read the justification statement from the applicant, which has been attached to and made a part of these minutes. Chair Humpage noted he appreciated the endeavors of the applicant to consider the neighbors. Boardmember Laamanen indicated she had voted against the previous application, but was happy to see something better for everyone in the area and something that was not such an erosion to the zoning ordinances. Ms. Laamanen commented that in her opinion, hardship meant one could not comfortably live in their home without a variance approval from this Board, which she did not find to be true in both cases but she was happy to see the applicant with something he and the neighbors could live with if it were approved by the Board. Boardmember Newman commented the Board was working in a gray area, that he thought this was not technically classified as a wall; and that at some time the Village Council should develop a guideline on how to address this, which would make the decision making process easier for the Board. Chair Humpage pointed out that the applicant could build a wall around the entire property under his present permitting. D. Finding of Fact Based Upon Competent Substantial Evidence Boardmember Newman made a motion to approve the variance application from Leslie J. Gelber and Marguerite M. Gelber, owners of the property located at 19020 Point Drive, Lot 11, Jupiter Manors/Block D Subdivision, as submitted, since he believed all six of the required criteria had been met, and the applicant had worked with the neighbors to obtain a more Board of Adjustment Meeting Minutes October 15, 2001 Page 6 ................................... agreeable design. Vice Chair Owens seconded the motion, which carried by 4-1 vote, with Boardmember Pullon opposed. V. UNFINISHED BUSINESS Chair Humpage requested the Clerk of the Board look into the membership of the Board and the composition. Chair Humpage noted a full Board and two alternates were needed. Chair Humpage asked if the Board was getting zoning books, to which Mr. Newell responded the Board would receive books from the first printing following a new annexation. V1. COMMUNICATIONS FROM CITIZENS Wade Griest commented he was happy everyone was happy. VII. ANY OTHER MATTERS There were no other matters to come before the Board. 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 8:15 p.m. Board of Adjustment Meeting Minutes October 15, 2001 Page 7 ----------------------------------- Respectfully submitted, Betty Laur Recording Secretary DATE APPROVED: L> 17