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HomeMy WebLinkAboutDocumentation_Regular_Tab 6A_5/10/1990 I :0 I' p- VILLAGE OF TEQUESTA I _ 1,Z, ' BUILDING DEPARTMENT Aka Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (407) 575-6220 �r�;-T�•� FAX: (407) 575-6203 ZONING BOARD OF ADJUSTMENT PUBLIC HEARING MEETING MINUTES APRIL 1 6 , 1990 I . The Village of Tequesta Zoning Board of Adjustment held a regularly scheduled Public Hearing at the Village Hall , 357 Tequesta Drive , Tequesta, Florida, on Monday, April 16 , 1990. The meeting was called to order at 7 : 30 P.M. by Chairman William Kirkland and a roll call was taken. Boardmembers present were: Jerre Reddecliff, Vice Chairman ; Alfred DeMott ; Kenneth Northamer; Chairman Kirkland; and Mary Nolen. Also present were : Scott D. Ladd, Building Official , Steve Kennedy, Deputy Building Official , and Pam McNierney, sitting in for John C. Randolph , Esq. , Village Attorney. II . APPROVAL OF AGENDA Chairman Kirkland asked that Item IV 3 . be considered before Item IV 1 . Boardmember Reddecliff moved to approve the Agenda as amended. Boardmember Northamer seconded the motion . The vote was : Jerre Reddecliff - for Alfred DeMott - for Kenneth Northamer - for Chairman Kirkland - for Mary Nolen - for the motion therefore passed and was adopted . III . APPROVAL OF PREVIOUS MEETING MINUTES - January 15, 1990. Chairman Kirkland added one comment to the Minutes, under Section IV B) : "Attorney Rogers , reprsenting Mr. Namath in connection with Mr. Hartless' dock application, implied I was an advocate for the applicant. This should be clarified. I was opposed to Zoning Board of Adjustment Meeting Minutes April 16 , 1990 Page 2 the 185 ' dock approved by DNR, but believed that Mr . Hartless should be entitled to a dock length consistent with his neighbors , as provided for in Section ( E ) Powers and Duties of the Zoning Board of Adjustment, Item (b) 4 , which states : 'The literal interpretation of the provision of the Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance would work unnecessary and undue hardship on the applicant . ' It should also be noted that the existing Hartless dock had an 18" water depth . According to the DNR letter of July 28 , 1989 , item 3 would only allow a one-foot clearance between the bottom of the boat ( see item 3 in the above-mentioned letter) . He would be unable to use a boat that exceeded six inches of draft . " Page 4 , second paragraph , third line : change "Tequesta Country Club Association" to "Tequesta Country Club Community Association . " Boardmember Reddecliff moved to approve the Minutes as amended . Boardmember Northamer seconded the motion . The vote was : Jerre Reddecliff - for Alfred DeMott - for Kenneth Northamer - for Chairman Kirkland - for Mary Nolen - for the motion therefore passed and was adopted . IV. NEW BUSINESS 3 . The applilcation of Specific Nutrition Centers, Inc. , D.B.A. , Nutrition World, locatd at 150 U. S . Highway One , North , Property Control No. 60-43-40-30-00-003-0070 , 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 , Sub-Section I , establishments selling intoxicating beverages , to allow for the sale of intoxicating liquors , wines and beverages for consumption on the premises within a one thousand foot ( 1000' ) radius of any church , school or youth center, in lieu of no sale of intoxicating liquors , wines and beverages for consumption on the premises within a one thousand foot ( 1000' ) radius of any church, school or youth center, as required by the Zoning Ordinance. Zoning Board of Adjustment Meeting Minutes April 16, 1990 Page 3 Clerk of the Board, Scott Ladd, read a letter from St. Judes Catholic Church, endorsing applicant's request for a variance. Bruce Cohen, proprietor of Nutrition World, explained this would be for high-end, gourmet-type beers and wines, without any chemicals or preservatives, served in the restaurant and retail store . He read to the Board a letter from Ed Nelson, owner of the shopping center, withdrawing any objection to the sale of beer and wine by Nutrition World. Scott Ladd explained there was a standard of five provisos set which have been incorporated in all past approvals : o approval to current owner; o consumption of intoxicating liquors, wines and beverages on the premises is only permitted when served with a meal (except for the retail operation, in this case) ; o the variance is non-transferrable ; o no sale of intoxicating liquors , wines and beverages after a certain specified time . Those times have varied, with the latest being 12 : 00 A.M. for the restaurant portion ; o continued disturbances resulting in police action will be cause for re-review by the Zoning Board of Adjustment. Mr. Cohen stated that presently the restaurant is only open until 9 : 00 p.m. , but may go to 11 :00 p.m. at some later time . Boardmember Northamer moved to approve the application as submitted, subject to the provisos , allowing the intoxicating beverages to be sold and/or served until 11 : 00 p.m. Boardmember Reddecliff seconded the motion. The vote was: Jerre Reddecliff - for Alfred DeMott - for Kenneth Northamer - for Chairman Kirkland - for Mary Nolen - for the motion therefore passed and was adopted. Zoning Board of Adjustment Meeting Minutes April 16 , 1990 Page 4 1 . The application of Richard L . Niebling , owner of Lot 9 , Bay Harbor Subdivision, located at 27 Bay Harbor Road, requesting a variance to the terms of the official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No . 355 , as amended, Section VII (C ) , Schedule of Site Regulations , R-1A District, minimum corner side yard setback , to allow the construction of an addition with a corner side yard setback of 12 . 9 ' ( feet ) in lieu of 20 . 0 ' ( feet ) , as required by the Zoning Ordinance . Scott Ladd read into the record a letter dated April 11 , 1990, from Hugh B. Flanagan , Jr. , neighbor of Mr . Neibling ' s , stating no objection to the application. Mr. Niebling explained that before he purchased this home, he had an updated survey done and discovered the property line was not where it appeared to be on previous surveys . Since Mr . Niebling desires to make an addition onto the home , a variance is now needed to correct the property line error . The present hedge on the property, originally believed to be on the property line , infringes on the street right-of-way , but will only become an issue if the County widens that street . Boardmember Nolen moved to grant the variance and approve the application as submitted . Boardmember DeMott seconded the motion . The vote was : Jerre Reddecliff - for Alfred DeMott - for Kenneth Northamer - for Chairman Kirkland - for Mary Nolen - for the motion therefore passed and was adopted . 2 . The application of Robert Huttemeyer, owner of Lot 532 , Tequesta Subdivision , located at 81 Fairview East , 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 , Subsection (A) , General Provisions , Paragraph (8) (a) , Floor Elevation Above Sea Level , to allow the construction of a room addition with a finished floor elevation of 8. 36' ( feet) (MSL) in lieu of minimum finished first floor elevation of 8 . 5 ' ( feet) (MSL) , as required by the Zoning Ordinance. Zoning Board of Adjustment Meeting Minutes April 16, 1990 Page 5 Mr. Ladd reported no correspondence had been received, for or against this application. Boardmember Reddecliff asked if this was a new residence under construction. Mr. Huttemeyer answered it was not, and in fact, the current building is over ten years old. Boardmember DeMott moved to grant the variance and approve the application as submitted, subject to the signing of a Hold Harmless form. Boardmember Nolen seconded the motion. The vote was: Jerre Reddecliff - for Alfred DeMott - for Kenneth Northamer - for Chairman Kirkland - for Mary Nolen - for the motion therefore passed and was adopted. 4 . The application of Irmgard M. Brandt , owner of Lot 12, Tequesta Pines Subdivision, located at 65 ( a. k .a. 4065 ) Russell Street, requesting a variance to the terms of the official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355 , as amended Section VII (C) , Schedule of Site Regulations, R-1 District, minimum rear yard setback , to allow the construction of a screened porch addition with a rear yard setback of 12 .9 ' ( feet) in lieu of 20' ( feet) , and minimum front yard setback of the existing single family residence of 24 . 7 ' ( feet) , in lieu of 25 .0' ( feet) , as required by the Zoning Ordinance. Ms. Brandt explained she wanted to do an addition to the existing patio in the back yard. The patio is screened, but has nothing but a canvas roof over it now, and a permanent roof is desired. I • I Zoning Board of Adjustment Meeting Minutes April 16, 1990 Page 6 Boardmember DeMott moved to approve the application as submitted. Boardmember Northamer seconded the motion. The vote was: Jerre Reddecliff - for Alfred DeMott - for Kenneth Northamer - for Chairman Kirkland - for Mary Nolen - for the motion therefore passed and was adopted. V. UNFINISHED BUSINESS Chairman Kirkland reported that there was another Village resident who desired to build a 200 ' ( foot) dock and was told that the Zoning Board of Adjustment probably would not allow that . It was suggested to him in the event he was not allowed to build such a dock that he sue the Village of Tequesta. Chairman Kirkland suggested that perhaps some negotiations should take place between the Village and the State Inspector in order to reach some firm conclusions on what will be allowed and what will not , since in the past the State Inspector has been inconsistent . VI . ANY OTHER MATTERS There were no other matters before the Board . VII . ADJOURNMENT There being no other matters before the Board , the meeting was adjourned at 8 : 10 P.M. Respectfully submitted , Fran Bitters Recording Secretary DATE APPROVED: 4-30- 90 Attest : 149.10. d1'14Qt Scott D. Ladd Clerk of the Board