HomeMy WebLinkAboutMinutes_Planning and Zoning_1/16/2020MINUTES
PLANNING AND ZONING BOARD MEETING
VILLAGE OF TEQUESTA, FL
JANUARY 16, 2020 5:30 PM COUNCIL CHAMBERS
CALL TO ORDER AND ROLL CALL
The meeting was called to order by Board Chair, Janet Strand at 5:30 p.m. A roll call was taken
by Community Development Planner, Lance Lilly. Present were: Board Chair, Janet Strand,
Vice Chair, Steven Eagen, Elizabeth Schauer, and Theresa Maggio. Also present were Village
Attorney, Amity Barnard and Community Development Director, Nilsa Zacarias. Absent were:
Ashley Warren, Leslee Dasher, Marguerite Wilson, Molly Young
1. APPROVAL OF AGENDA
MOTION: Member Schauer made a motion to approve the agenda. Vice Chair, Eagen
seconded the motion. Carried unanimously 4-0.
2. APPROVAL OF MINUTES
MOTION: Member Schauer made a motion to approve the previous meeting minutes of
November 21, 2019. Vice Chair, Eagen seconded the motion. Carried unanimously 4-0.
AGENDA ITEMS
3. VAR 1-20: Application from Steven W. & Pamela S. Presley for a Variance from the
requirement of Sec. 78-299(c)(1) to allow an existing 48kW 60 Hz emergency
generator in the front yard of the premises where the code only allows installation
in the side or rear yards. The address of the property is 370 Riverside Drive,
Tequesta, Florida 33469.
Village Attorney, Keith Davis announced the quasi-judicial nature of the item and swore in
David Hobgood, Kaitlin Guerin, and Brian Seymour. The Board Members disclosed no
ex-parte communication.
Mr. Davis informed the Board and the public of the variance criteria, which would be
approved or denied. The applicant is required to meet their burden of the variance.
Kaitlin Guerin, Gunster Law Firm on behalf of the Presley Family Trust, presented a brief
PowerPoint for the variance request. Ms. Guerin stated the intent of the Village Code and
mentioned that she believed the generator request met the intent of the mechanical
equipment screening/location code. Ms. Guerin continued stating the generator would be
screened by landscaping and a previously approved front fence and landscape.
Ms. Guerin stated a potential concern for the generator would be noise control. She
mentioned that the generator has different modes such as operating mode and testing
mode.
Board Member Schauer commented that the generator appeared to be close to the
adjacent neighbor. She questioned whether the generator could be relocated. Ms. Guerin
mentioned, based on the Village Code, the generator could be closer to the adjacent
neighbor and the subject generator does not fit on the side of the house.
Mrs. Theresa Passander, 374 Riverside Drive, stated the concern for drainage, which
was a condition of the previously approved variance for column/gates at 370 Riverside
Drive. Mrs. Passander continued to state her disapproval of the generator and asked the
Board deny the variance.
Mr. Darrell Pastuch, 391 Riverside Drive, stated his concern for generator exhaust. He
also mentioned his concern for the drainage of 370 Riverside Drive and wanted the
meeting to be postponed prior to any decision being made.
Leticia Arroyo, 470 Tequesta Drive, stated her disagreement of the generators proposed
location and mentioned relocating it elsewhere on the property. She continued that she
was concerned with the generator's noise.
Ms. Guerin responded she appreciated comments. However, she stated the generator
had a Building Permit. Ms. Guerin mentioned that the application is pertaining to the
generator and not the drainage concerns.
Board Member Schauer questioned the review process of 370 Riverside Drive and how
the generator was installed at its location. Shortly after, Board Member Maggio
questioned the timeline of the generator installation. Community Development Director
Zacarias explained to the Board the timeline for the 370 Riverside Drive construction. Ms.
Guerin stated through the review process the generator was originally approved on the
side yard but through the generator building permit application, the generator was
approved in the front yard.
Mr. Davis stated that the Board's determination must be based off the testimony of the
applicant, the documentation provided by the applicant and the Board's review.
MOTION: Schauer made a motion to deny VAR 1-20 because it failed to establish with
competent, substantial evidence the existence of any special conditions and
circumstances which are peculiar to the land, structure, or building involved, which are
not applicable to other lands, structures or buildings in the same zoning district, and
which were not caused by, or are the result of, actions of the Applicants themselves. Alt.
Member Maggio seconded the motion. Carried unanimously 4-0.
STAFF COMMENTS
There were no comments from Staff.
PUBLIC COMMENTS
There were no comments from the public.
BOARD COMMENTS
Member Schauer questioned whether there would be a meeting the following month.
ADJOURNMENT
Member Schauer made a motion to adjourn at 6:35 pm. Vice Chair Eagen seconded the motion.
Carried unanimously 4-0.
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