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HomeMy WebLinkAboutMinutes_Planning and Zoning_10/21/2021MINUTES PLANNING AND ZONING BOARD MEETING VILLAGE OF TEQUESTA, FL OCTOBER 21, 2021 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, Board Members Elizabeth Schauer, James Hackett, and Theresa Maggio. Also present were Village Attorney, Matthew Pritchett and Community Development Director, Nilsa Zacarias. Member Leslee Dasher was absent. Member Sherry Ambrose arrived after the meeting started. APPROVAL OF AGENDA MOTION: Member Schauer made a motion to approve the agenda. Member Hackett seconded the motion. Carried unanimously 5-0. APPROVAL OF MINUTES MOTION: Member Maggio made a motion to approve the previous meeting minutes of September 16, 2021. Member Schauer seconded the motion. Carried unanimously 5-0. AGENDA ITEMS 1. VAR 04-21: Application from Carol and Joseph Frezza for a variance to allow the installation of a privacy fence and a pedestrian gate forward of the building front, where Sec. 78-284 of the Village Code prohibits fences from being located forward of the adjacent or nearest portion of the building front. The address of the property is 366 Riverside Drive, Tequesta, Florida, 33469. Village Attorney, Matthew Pritchett announced the quasi-judicial nature of the item and swore in the Applicants, Carol and Joseph Frezza. Member Schauer disclosed that she had an ex-parte communication with Community Director Zacarias. The remainder of Board Members disclosed that there was no ex-parte communication. Mrs. Frezza explained that she would like to install a fence and gate to eliminate liability and provide safety for her family and animals. Mrs. Frezza continued that her property has a small rear yard and a large front yard. Mr. Frezza explained that if their variance request was granted it would tie into the neighbor's existing fence, which was granted via variance. Village Attorney Pritchett mentioned that this variance would need to be granted based on its own merit. Member Hackett questioned the setback for fences. Director Zacarias answered by referring to the staff report, which states that fences be adjacent to the nearest portion of the building front. Member Hackett asked for clarification of how far the fence would be located from the front property line. Mr. Frezza explained that the fence setback differs due to the curve of the road. Member Hackett stated he did not believe the Applicant satisfied the variance criteria. He continued that he understood the Applicant has a long property, which has a larger front yard. However, the Applicant did not reference these issues in their application. Director Zacarias explained that a variance is not required for the installation of a vehicular gate. The code allows for gates but does not allow for a fence in the front of the home. Member Schauer questioned how many homes along Riverside Drive within the Village's boundaries are similar to the Frezza residence. Member Schauer suggested a change to the Village Code for the particular residents that have the same issue. Mr. Frezza questioned how other properties in his neighborhood were able to install fences/walls in the front of their homes and how their variance requests were granted. Chair Strand answered the variance is standalone and only pertains to the Applicant's property. Mr. Frezza agreed the ordinance should be changed but in the interim, he believed his variance should be granted based on safety. Vice -Chair Eagen questioned the length and locations contemplated in the Applicant's variance request. Director Zacarias clarified the fence location and length to Vice -Chair Eagen. Member Hackett believed that the variance criteria provided by the Applicant referred to grandchildren whether than to the land, structure, or building. Mrs. Frezza requested assistance in writing her application. Member Hackett suggested a postponement of the application to allow the Applicant to clarify/revise their variance responses. Director Zacarias mentioned the Applicant is allowed to hire a land use planner, land use attorney, or other professionals to assist them with their application. Attorney Pritchett explained to the Applicant that they have the option of postponing the application to a time certain. Chair Strand questioned whether the Applicant would like the opportunity to postpone their application or whether they would like their application to be voted upon. Mr. and Mrs. Frezza agreed on the postponement of their application. MOTION: Member Schauer made a motion to postpone the application until Planning and Zoning Board meeting on December 16, 2021 at 5:30 pm. Vice -Chair Eagen seconded the motion. Carried unanimously 5-0. 2. SPM 5-21: Application from Carol and Joseph Frezza for a site plan modification to install a six (6) foot high entry gate and two (2) 5-foot high entry posts per Sec. 78- 284(d). The address of the property is 366 Riverside Drive, Tequesta, Florida, 33469. Village Attorney, Matthew Pritchett announced the quasi-judicial nature of the item and swore in the Applicants, Carol and Joseph Frezza. The Board Members disclosed that there was no ex-parte communication. MOTION: Member Schauer made a motion to approve SPM 5-21. Member Hackett seconded the motion. Carried unanimously 5-0. STAFF COMMENTS There were no staff comments. PUBLIC COMMENTS There were no public comments. BOARD COMMENTS The Board discussed changing the fence ordinance about lots located on Riverside Drive. Director Zacarias informed to the Board she will conduct a due diligence regarding the Board's recommendation. ADJOURNMENT MOTION: Member Schauer made a motion adjourn at 6.22 pm. Member Maggio seconded the motion. Carried unanimously 5-0.