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HomeMy WebLinkAboutMinutes_Planning and Zoning_11/19/2020MINUTES PLANNING AND ZONING BOARD MEETING VILLAGE OF TEQUESTA, FL NOVEMBER 19, 2020 5:30 PM COUNCIL CHAMBERS (LIMITED SEATING) AND VIA YOUTUBE 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, Board Members Elizabeth Schauer, Leslee Dasher, and Molly Young. Also present were Village Attorney, Amity Barnard and Community Development Director, Nilsa Zacarias. Absent was: Board Members Ashley Warren, Theresa Maggio, and Marguerite Wilson. APPROVAL OF AGENDA 1. MOTION: Dasher made a motion to approve the agenda. Eagen seconded the motion. Carried unanimously 5-0. APPROVAL OF MINUTES 2. MOTION: Eagen made a motion to approve the previous meeting minutes of October 16, 2020. Schauer seconded the motion. Carried unanimously 5-0. AGENDA ITEMS 3. VAR 6-20: Application from BRYAN C & NOELLE MCGILVRAY requesting a variance from Sec. 78-284 to install a fence forward of the adjacent or nearest portion of the building front where the code does not permit any wall or fence to extend forward of the adjacent or nearest portion of the building front. The address of the property is 323 Leigh Road, Tequesta, FL 33469. Village Attorney, Amity Barnard announced the quasi-judicial nature of the item and swore in the Applicant, Bryan & Noelle McGilvray. The Board Members disclosed there was no ex-parte communication. Community Development Director Zacarias informed the Board that the staff report included a detailed timeline, which indicated Code Enforcement cited the Applicant for installing a lattice fence in front of the house without a permit. Mr. McGilvray presented a PowerPoint explaining his variance request. He started by providing a brief explanation, a timeline since moving into his current home, and the process for installing the fence. The applicant continued by described his fence plan and preexisting vegetation conditions. Board Chair Strand asked questions to the applicant. Vice -Chair Eagen questioned the location of the fence and intent behind the installation. Mr. McGilvray provided his explanation for why his variance request should be approved. The applicant explained the need for screening of his existing air condition unit based on his interpretation of the Village of Tequesta Code of Ordinances, Building Code and manufacturer specifications. Board Member Young questioned a particular drawing and whether it was part of the variance. Mr. McGilvray explained that it was not part of the variance request. Member Young questioned why the fence could not be stopped adjacent to the building front and keep the previous landscaping intact. Mr. McGilvray explained that a fence is a better way for access control. Member Dasher asked for clarification pertaining to the applicant's references to the Building Code and its relevance to the variance request. Attorney Barnard explained that the applicant included more information than was necessary for the variance, and the subject information would be reviewed during the building permit process. Mr. McGilvray confirmed the attorney's understanding. Vice -Chair Eagen stated his concern of the fence's aesthetic. Alejandro Ugalde, resident of 319 Leigh Road, voiced his support for the variance request. Mr. Ugalde also stated that other neighbors signed a petition indicating their support for the variance. Mr. McGilvray stated there was a safety concern, which the Board should consider for his variance request. Community Development Director Zacarias mentioned that if the applicant applied for a building permit prior to the installation of the fence, staff would reviewed the application, and he would have had the opportunity to apply for a variance prior to installing it. Mr. Michael Gerlach was sworn in for testimony, and he stated that he was unaware that the fence installation required a permit. Vice -Chair Eagen made a motion to approve VAR 6-20. The motion failed due to the lack of a second. MOTION: Board Member Schauer made a motion to deny VAR 6-20 pursuant to Section 78-65(a)(2)a. and b. of the Tequesta Zoning Code. Board Member Dasher seconded the motion. Carried 3-2. STAFF COMMENTS There was no staff comment. PUBLIC COMMENTS Mr. McGilvray stated there was a preexisting safety concern at his residence, which he cannot resolve without the fence. Mr. McGilvray believed the Board's decision did not consider his or his families' safety. BOARD COMMENTS There was no Board comment. ADJOURNMENT MOTION: Board Member Schauer made a motion to adjourn at 6:31 pm. Board Member Dasher seconded the motion. Carried unanimously 5-0.