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HomeMy WebLinkAboutDocumentation_Regular_Tab 06E_10/10/2002VILLAGE OF TEQUESTA DEPARTMENT OF COMMUNTIY 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 JUNE 17, 2002 I. CALL TO ORDER AND ROLL CALL �k- 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, June 17, 2002. The meeting was called to order at 7:41 P.M. by Chair Jim Humpage. A roll call was taken. Boardmembers present were: Chair James Humpage, Vice Chair David Owens, Steve Pullon, and Alternate Paul Brienza. Also in attendance were Village Attorney John C. Randolph and Director of Community Development Jeff Newell. Boardmembers Jon Newman and Vi Laamanen were absent from the meeting. II. APPROVAL OF AGENDA MOTION: Vice Chair Owens moved that the Agenda be approved as submitted. Boardmember Brienza seconded the motion, which carried by unanimous 4-0 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 May 20, 2002 as submitted. Boardmember Pullon seconded the motion, which carried by unanimous 4-0 vote. The motion was therefore passed Recycled Paper Board of Adjustment Meeting Minutes June 17 , 2002 Page 2 and adopted and the minutes were approved as submitted. IV. NEW BUSINESS 1. An application from Giuseppe Loduca, owner of the property located at 91 River Drive, Lot 27, 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 X, Supplemental Regulations, applying to a specific, to several or to all Districts, Subsection (A) General Provisions, (8) Floor elevation above sea level; to allow the completion of a permitted 516 s.f. addition with the finish floor elevation at 8.82' (feet) above mean sea level (MSL) and 16.56" (inches) above the crown of road to match the existing house floor elevation, in lieu of minimum finish first floor elevation above mean seal level (MSL) for all new construction, additions, and substantial improvements to existing structures being 8.5' MSL or 18" above the crown of the road, cul-de-sac or highway or meet the requirements of Section XV, Flood Hazard Areas, whichever is more stringent, 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 Each Boardmember reported visiting the site but speaking to no one. C. Testimony of Witnesses and Cross Examination, if any Jim Walters, Carrera General Contractors, spoke on behalf of the Board of Adjustment Meeting Minutes June 17, 2002 Page 3 applicant. Mr. Walters answered the six required criteria as follows: 1. We believe that the special conditions or circumstances that exist are as a result of the new road surface and that the existing house was built to conform to the requirements as they were in 1968. 2. These special conditions do not result from any actions of the applicant. 3. Granting the variance will not confer any special privilege other than allowing the new floor to be flush with the existing flooring. 4. Literal interpretation of the provision would require that a 3" step be required between the existing residence and the added space. 5. The variance would only be as required to match the existing floor elevation. 6. We believe that the intent of the ordinance is to set a minimum elevation as it relates to flooding. 82% of the total space is existing at the lower elevations. The residence is located on the North Branch of the Loxahatchee River, The mean high water elevation of the river is 1.9' or 5.54' lower than the crown of the road and 6.92' lower than the existing finish floor and any rain or water runoff would first run into the river. Chair Humpage commented that he believed the hardship was generated from the change in the ordinance. Chair Humpage clarified that finish floor was normally the finish slab and the existing elevation of existing marble shall become the minimum elevation. The applicant was cautioned to be sure the marble remained so the variance would continue to be 1-1 /2". Mr. Walters explained that the current fmish elevation of the marble was 8.8" and granting the variance would cause it to remain at 8.8". Chair Humpage suggested a motion be for minimum variance, the same elevation as the existing finish floor of 8.8", stating that the six criteria had been met, and requiring the applicant to sign a hold harmless agreement with the Village with reference to this elevation. Board of Adjustment Meeting Minutes June 17, 2002 Page 4 Motion: Boardmember Pullon made a motion to approve the variance request from Giuseppe Loduca for the property located at 91 River Drive, Tequesta, since all six criteria had been met, with the slab for the addition poured at the exact same height as the existing slab of the house, and provided the applicant will sign a hold harmless agreement with the Village for any flood damage. Boardmember Brienza seconded the motion, which carried by unanimous 4-0 vote. V. UNFINISHED BUSINESS 1. An application from Mr. and Mrs. Philip Cary, owners of the property located 129 Point Circle, Lot 35.2, 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-1-A District, Front Yard Setback to allow for the construction of a single family residence, a portion of which will be located forward of the Building Line which establishes the required lot width of 100' (feet) and as defined in Section IV. Definitions, (47) Building Line. A line on a lot, general, but not necessarily, parallel to a lot line or road right-of-way line, located a sufficient distance therefrom to provide the minimum yards required by the zoning code. The building line delimits the area in which buildings are permitted subject to all applicable provisions of the zoning 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 r) Board of Adjustment Meeting Minutes June 17, 2002 Page 7 ................................... VIII. ADJOURNMENT Upon motion by Vice Chair Owens, seconded by Boardmember Brienza, and unanimously carried, the meeting was adjourned at 8:04 p.m. Respectfully submitted, Betty Laur Recording Secretary TTEST: c well Cl k of th Board DATE APPROVED: Board of Adjustment Meeting Minutes June 17, 2002 Page 5 Each Boardmember reported they had previously visited the property and spoke to no one. C. Testimony of Witnesses and Cross Examination, if any Bruce Neandros, the home builder, was present on behalf of the applicant, and stated that Mr. and Mrs. Cary and their attorney would not be present tonight. Mr. Neadros explained that at the last meeting the 100' line had been discussed; however, that did not work because the property cut a corner and the applicant had done the best they could by reducing the size of the house and encroaching only on the corner of the garage. Chair Humpage commented he had scaled off a copy of the plan from the Building Department and found the minimum variance would be 8'. Chair Humpage commented he had no problem with this and appreciated the applicants working with the Board and that everyone had done a good job of contributing. The Village Attorney advised a motion must indicate this met the requirements of the ordinance and since the applicants had asked for a larger variance, the variance must be specified. Mr. Newell testified that the redesigned garage had been moved to the northwest, where the encroachment was reduced considerably and was now approximately 8' as indicated on the plans submitted, which will be a part of the record. Mr. Newell verified that there was an 8' encroachment beyond the 100' qualifying line. The Village Attorney advised that under finding of fact the motion would need to state that the applicant had complied, the variance would be a minimum variance, and the variance would be a 8' from the original 100' front building line as indicated on the plans submitted which will become part of the record. Motion Boardmember Pullon made a motion to approve the variance application from Dr. and Mrs. Cary for the property located Board of Adjustment Meeting Minutes June 17, 2002 Page 6 at 129 Point Circle, Tequesta, based on the fact the applicants had worked hard to make it a minimum variance in that the entire structure and the 3-car garage will encroach no more than 8' beyond the 100' arc line as shown on the plan submitted which will become part of the permanent record; and that otherwise the requirements of the code had been met. Vice Chair Owens seconded the motion. The Village Attorney clarified Mr. Pullon's statement that the entire structure and the garage will encroach no more than 8' that actually none of the structure other than the garage encroached more than 8'. Mr. Neandros reported it was part of the requirements from the last meeting that the house stay behind the line; therefore only the garage would encroach, which was accepted by the maker of the motion. The vote on the motion was: Jim Humpage For David Owens For Steve Pullon For Paul Brienza For The motion therefore carried by unanimous 4-0 vote. VI. COMMUNICATIONS FROM CITIZENS There were no communications from Citizens. VII. ANY OTHER MATTERS There were no other matters to come before the Board. n