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HomeMy WebLinkAboutMinutes_Planning and Zoning_12/16/2021OF re., �A MINUTES PLANNING AND ZONING BOARD MEETING VILLAGE OF TEQUESTA, FL DECEMBER 16, 2021 5:30 PM COUNCIL CHAMBERS CALL TO ORDER AND ROLL CALL The meeting was called to order by acting Board Chair, Elizabeth Schauer at 5:30 p.m. A roll call was taken by Community Development Planner, Lance Lilly. Present were: Board Members Elizabeth Schauer, Leslee Dasher, James Hackett, and Sherry Ambrose. Board Chair, Janet Strand, Vice Chair Steven Eagen, and Board Member Theresa Maggio were absent. Also present were Village Attorney, Matthew Pritchett and Community Development Director, Nilsa Zacarias. APPROVAL OF AGENDA MOTION: Member Hackett made a motion to approve the agenda. Member Dasher seconded the motion. Carried unanimously 4-0. APPROVAL OF MINUTES MOTION: Member Dasher made a motion to approve the previous meeting minutes of November 18, 2021. Member Hackett seconded the motion. Carried unanimously 4-0. 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 applicant, Carol and Joseph Frezza. Member Schauer disclosed that she spoke with Village staff prior to the meeting about the subject application. Member Hackett disclosed that he has worked with the consultant that helped the applicant draft their application. The other Board Members disclosed that there was no ex-parte communication. Village Attorney Pritchett explained the applicant must prove that they have met the variance criteria then read the criteria into the record. Director Zacarias read into the record that the applicant was heard at the October 2021 Planning and Zoning Board meeting, at which the application was postponed to the December 2021 meeting. Mrs. Frezza explained that she has revised her application with the help of Jennifer Morton of JMorton Landscape and Planning. Mrs. Frezza explained that her home was built in the 1970s and they purchased it in the 1990s. She continued to explain that her parcel is long and narrow with limited room in the rear, leaving the front area of her property for recreational use. MOTION: Member Hackett made a motion to approve VAR 04-21. Member Ambrose seconded the motion. Carried unanimously 3-1. 4. VAR 05-21: Application from DAVID NOBLE & ANDREA CONTE for a variance to install an accessory structure (screen enclosure) with a reduced rear setback onto an existing single-family structure in the R-1A Zoning District; relief from Sec. 78- 143 to allow a rear setback of 0.5 feet where the code requires a minimum of 10 feet for accessory structures. The address of the property is 12 Bunker Place, Tequesta, Florida 33469. Village Attorney, Matthew Pritchett announced the quasi-judicial nature of the item and swore in the applicant, Andrea Conte, David Noble, and their agent Brian Cheguis. The Board Members disclosed that there was no ex-parte communication. Director Zacarias informed the Board that based on the R-1A zoning district, accessory structures are required to meet a rear setback of 10 feet. Director Zacarias explained that the applicant is proposing a rear setback of half a foot. Mr. Cheguis presented a PowerPoint explaining the nature of the variance request at 12 Bunker Place. The presentation included the history and entitlements of 12 Bunker Place. Mr. Cheguis explained that the Plat of Tequesta was approved in the 1950s, and then the Tequesta Country Club was constructed in the early 1960s. Mr. Cheguis explained that based on Palm Beach County Property Appraiser records the property was constructed in 1961, which included the pool and screen enclosure. In 1977, the land development regulations were changed to include site regulations for accessory structures and other changes. Mr. Cheguis explained that he believed the variance criteria was met since the home was constructed to the Plat of Tequesta standards and the pool predates the existing zoning code. Furthermore, he stated the variance request would replace an old screen enclosure that was removed after the various hurricanes in 2005 and the proposed enclosure would be in the same location, which they intended on matching the original setback, and would not extend that nonconformity. Mr. Cheguis mentioned he believed that neighboring properties have similar enclosures and the application would not affect to the neighbors, including Tequesta Country Club to the rear (who provided a letter of support). Member Dasher questioned how the homeowner would maintain the screen enclosure without trespassing onto the Country Club's property. Ms. Conte explained that the previous owner maintained their property and had no problem with the Country Club. MOTION: Member Dasher made a motion to approve VAR 05-21. Member Hackett seconded the motion. Carried unanimously 4-0. 5. VAR 06-21: Application from SEAN & STEPHANIE SPIEGELMAN for a variance to install an accessory structure (screen enclosure) with a reduced rear setback onto an existing single-family structure in the R-1A Zoning District; relief from Sec. 78- 143 to allow a rear setback of 6 feet where the code requires a minimum of 10 feet for accessory structures. The address of the property is 318 Fairway N, Tequesta, Florida 33469. Village Attorney, Matthew Pritchett announced the quasi-judicial nature of the item and swore in the applicant, Sean Spiegelman. The Board Members disclosed that there was no ex-parte communication. Director Zacarias read into the record that the applicant received a building permit for their swimming pool. After obtaining their building permit, the applicant submitted a building permit to construct a screen enclosure, which does not meet the current code. Mr. Spiegelman explained the need for his variance request and that he believed the home was built further toward the rear, which reduced the amount of space to construct his screen enclosure. Mr. Spiegelman continued that he was able to construct the pool according to the Village Code; however, without a variance he would not be able to construct a screen enclosure over his existing pool. He believed that his request for a four - foot rear setback relief would be the minimum setback needed to construct his screen enclosure. Director Zacarias informed the Board that the applicant provided a drawing indicating that the pool was installed five feet from the existing residence and nine feet from the rear property line. Mr. Spiegelman explained that the pool is a narrow pool and the minimum distance from his patio doors to meet code was five feet. Board Member Ambrose questioned whether a screen enclosure could be constructed to meet the current code that does not cover the existing pool. In addition, she questioned whether the applicant was aware that a variance would be required for a screen enclosure when they constructed their pool. Mr. Spiegelman explained he had already paid the deposit to his screen enclosure company and the company was not aware of the Village of Tequesta's setback requirements for a screen enclosure. Board Member Hackett believed that the house meets all the necessary setbacks and believed that the variance was a self-inflicted hardship and the criteria was not met. William Von Meding, resident of 313 Country Club Drive, believed that the structure was too close to the fence, and was in opposition of the variance. Valerie Mermet, resident of 309 Country Club Drive, was in opposition of the variance and believed that the zoning code is in place for a reason. Nancy Stahlsmith, resident of 313 Country Club Drive, explained that she believed that the screen enclosure would affect her property the most since she is the property directly to the rear. Ms. Stahlsmith believed that the screen enclosure might affect her property values. Abby Brennan, resident of 523 N Dover Road, mentioned that when a property is bought, the purchaser should be aware of the setbacks and site regulations. She continued that the applicant's contractor should have been aware of the setbacks and that Tequesta's regulations are different from other jurisdictions. Cheryl Hires, 326 Country Club Drive, believed that if the variance were granted at the subject property, then a precedent would be set. Helene Bell, 323 Country Club Drive, mentioned that she has a pool at her residence that is approximately 13 feet from her property line. Mr. Spiegelman clarified that his variance request was a four -foot variance meaning the screen enclosure would be setback six feet from his rear property line. Member Hackett questioned the height of the screen enclosure. Director Zacarias answered the screen enclosure would be 12 feet 9 inches high. MOTION: Member Dasher made a motion to deny VAR 06-21 since variance criteria #1 and #2 were not met. Member Ambrose seconded the motion. Carried unanimously 4-0. STAFF COMMENTS There were no staff comments. PUBLIC COMMENTS Annette Kravick, 250 Beach Road, voiced her concerns for the development and land acquisition on Jupiter Island. Member Schauer mentioned a charrette for US Highway 1 and was curious whether the charrette would also include Beach Road. Director Zacarias explained that the charrette will focus on US Highway 1 and she will need to clarify whether Beach Road would be included. Ms. Kravick asked the Board about their role on development matters in Tequesta and Jupiter Island. Member Schauer recommended the residents can attend a council meeting to discuss their concerns. BOARD COMMENTS There were no Board comments. ADJOURNMENT MOTION: Dasher made a motion to adjourn at 6:38 pm. Member Ambrose seconded the motion. Carried unanimously 4-0.