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HomeMy WebLinkAboutDocumentation_Regular_Tab 5C_2/8/1990 • N •• VILLAGE OF TEQUESTA /� Post Office Box 3273 • 357 Tcqucsta Drive • 41 '� Tcqucsta. Florida 33469-0273 • (407) 575-6200 FAX: (407)575-6203 cM C ZONING • BOARD O F ADJUSTMENT PUBLIC HEARING MEETING MINUTES J A N• U A R Y 1 5 , 1 9 9 0 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, January -15 , 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 : . Mary..Nolen,__ Jerre Reddecliff, Vice Chairman; James Van Wagner and John Turner. Also present were: - Scott D. Ladd, Building Official , Steve Kennedy, Deputy Building Official , and John C . Randolph , • Esq. , Village Attorney. II . APPROVAL OF AGENDA Since this meeting was the first one in the new year 1990 , the Agenda was changed to include reorganization of the Zoning Board of Adjustment. Member Reddecliff moved to nominate William Kirkland to continue as Chairman of the Zoning Board of Adjustment for the year 1990 . Mary Nolen seconded that motion . The vote was : Jerre Reddecliff - . for James Van Wagner - for • Mary Nolen - for John Turner - for the motion therefore passed and adopted, and William Kirkland was elected to serve another term as Chairman. Zoning Board of Adjustment Meeting Minutes January 15 , 1990 Page 2 . Member Mary Nolen moved to nominate Jerre Reddecliff for another ' • term as Vice-Chairman of the Zoning .Board of Adjustment for 1990 . . . John Turner seconded that motion. The vote was : William Kirkland -- - - - for - James Van Wagner.._2-- -• - - : --- - -- -- - for - Mary Nolen - - for John Turner - . for ' the motion therefore :passed and adopted,---and ,Jerre._Reddee-liff-was _. .- . elected to serve .another.- term-as_.--Vice-Chairman. ..,. - _ - - __- -__ Member Mary Nolen- moved to nominate Scott -D.. Ladd as..-Clerk _-for the Zoning Board of Adjustment for 1990 . Jerre Reddecliff seconded that motion . The vote was : -- ---- - William Kirkland - for Jerre Reddecliff - - for James Van Wagner' for Mary Nolen - for • John Turner - for . • the motion therefore passed and adopted, and Scott D . Ladd was elected to serve as . Clerk of the Zoning Board of Adjustment for 1990 . With the above-referenced change the. Agenda was approved as • submitted. III . APPROVAL OF .PREVIOUS -MEETING MINUTES A) Zoning Board of Adjustment Meeting Minutes of December 18, 1989 . - - James Van Wagner moved to approve the above-referenced • Minutes as submitted. Member Reddecliff seconded ' the motion . The vote was: • William Kirkland - for - . Jerre Reddecliff - •• for ' James Van Wagner - for Mary Nolen . - for John Turner - for the motion therefore passed and the Minutes were approved as submitted. Zoning, Board of Adjustment Meeting Minutes. January 15 , 1990 . , Page 3 , • IV. NEW BUSINESS . A) Application of Walter. .A. Crowell , Owner of Lot 444 , Tequesta Subdivision, ,located at 42 . Golfview Drive , 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 side yard setback, to allow the replacement of an existing _ flat roof._ screen pool enclosure to a ,mansard- - - "raised roof screen enclosure__ with a side yard_setback.,of- 7 . 2 ' ( feet ) in lieu :o.f 10...,-,( feet-.):,_-and a side yard- setback ton the _-- existing single_ =famil_y. __-residence of 7.: 1.' ;(feet): in .1ieu- of. 10 ' ( feet) -as required by the Zoning Ordinance .. _ _ Scott" Ladd,, Building Official , informed the Board there had been no correspondece .received on this issue , either written or verbal , for or against.. Mr. Ladd further explained this was , an existing flat roof screen enclosure, and with the way the code was re-written , this has to come back to the Zoning Board of Adjustment for a variance when it goes to a mansard raised roof because of the additional cubic area . There was also a conflict at the same side of the house ( i . e . , not only • was the screen enclosure in, violation , but the whole house was moved over at the same side . • Member. Turner moved to approve the application as submitted . Member Nolen seconded the motion . .The vote was : William Kirkland - for • Jerre Reddecliff - for James Van Wagner - for _ Mary Nolen - for . John Turner - for , the motion •,.-.was_. _therefore passed and adopted, and the application was approved as submitted . -__ • Zoning' Board of -Adjustment .• Meeting Minutes - January 15 , 1990 Page' 4 • B) The application of Rod Hartless , Owner of Lot 2 , Bay Harbor Subdivision , located '.at 9 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 XVI , Uniform Waterway Control , Subsection (B) , Dock , and Pier Length,, Width' and Configuration, -- .-- Paragraphs - -( 1 ) ta) and' ( 7 ) -to- allow s 135 ' -( feet) extension - . with a 6 ' . x- 20' ` Terminal --"L" to`=an -existing 50 ' ( feet) : dock; -_ - and 910 square'-feet total area, in lieu =of no dock or° pier extending waterhard - fro 'm the 'mean high water -dine -in -excess •of 75 ' ( feet") and the - _ total -area of any dock or pier not -to exceed 500 square feet, as' 'required by the:Zoning Ordinance . ' There were` --two ' letters of correspondence in opposition to this application: one from the Tequesta Country Club Association ; and one ' from attorney, Doyle Rogers , on behalf of Joe Namath , neighbor to Mr. Rod , Hartless : Attorney ' Rogers was in attendance at this meeting . Chairman Kirkland explained that he and Member Northermer had previously driven to the above-referenced site , and found Mr. Hartless cooperative to the point of even being willing to withdraw his application, if that was' necessary. Aerial views of the site were presented to the Board . Chairman Kirkland suggested the Board disapprove the application for 135 ' dock, but approve what has been approved in the past for previous applications ( i . e . , 112 ' or 117 ' ) . Attorney Randolph stated it might be appropriate for_ applicant to make his presentation regarding the application before the Board, and if applicant wished to ask, for something less , he may do - that. • It would not be necessary to totally withdraw the application , since the Board could always grant a lesser variance, as has been done_:-in' the past: ----If this was=- the case, it • could be - - taken- cate- of -- -in this hearing without necessarily declining the first and asking that the next one be readverused -==_ _ -- -- _ =- --- - - -- Zoning Board of Adjustment • Meeting Minutes • January 15 , 1990 • Page 5 • • • • Rod ' Hartless presented a brief statement to the Board: Knowing that his request for a 185 ' pier was not acceptable to the Village of Tequesta nor. his neighbors, each government agency involved (DER, DNR, and DERM)' have been. r_e-contacted asking ' for the minimum distance---from the bulkhead Which would be acceptable to them. To date , no response has been received. 'However, each Agency expressed a willingness to review their findings, and once a new length has_ been proposed and accepted-,_ .would allow the applicant, to--mod.i_fy his request' -for - permi_t. _ The DERM did return -to the site -to • do another: .- dive ' for furt h er- readings; _The Bureau" oT_ A_quatic. Preserves recommended a -__pi-er length of 112 ' - in total . Mr. Hartless explained 11I' -.-would -- be acceptable to him. There __ were substantial idifferences in- the --findings of the various -- • Agencies . `R-ecordings have - •gbne - -rbril- 112 ' ' .o. nearly 200' thereby causing applicant to request 185 ' . Attorney Randolph explained the options available . to the applicant: 1 ) If applicant felt the response from the Agencies would come in a reasonable period of time ( i . e . , 30- 60 days) , he could defer until he hears so he could be sure of what length he is asking for . If that option was chosen, in •order to avoid a re-application fee and advertising , he would have to set it for a time certain .so .that those in opposition who were now present might know when that date was so they might reappear ; 2 ) alternatively, if applicant. did not feel responses from Agencies would not come in the near future; he could withdraw the application with the understanding that refiling would require a new application fee , and readvertisement would be necessary, . or 3 ) _ if applicant wants 112 ' and is prepared to go ahead tonight to prove the hardship required under the Ordnance to ask for 112 ' , the Board could consider that. Mr. Hartless answered that 112 ' was acceptable to him and would prefer to proceed this evening with :that proposal_:_ _ Mr. Hartless explained'the reason for the angle' on his dock: • Original zepari_an: - -rights =were _ done at a 90 degree_ angle to - -_- the channel _.Mr.-=Drazi-ck -next---door--has his_ dock done in--line ---..--_._ with the property.__:line:__ :r It was proposed- thatMr.. artless_ . • would pick--up the angle---parallel to the--property line at the end of the- -pier-and-- Ei tever—was'extended would extend from there. Because of this angle and the width of Mr. Hartless' property, his dock will be 68' on one side and 83 ' setback on the other placing him well inside the 25' setback required by the code. Scott Ladd stated that as long as Mr. Hartless stays within the 25 ' side setbacks on either side, he is not in violation of Village Codes. • Zoning 'Board of Adjustment Meeting Minutes • . .January 15 , 1990 Page 6 DOYLE ROGERS , • ESQ. , Attorney . .for Mr. and Mrs . Joe Namath , owners of the property immediately adjacent to .Mr. Hartless , on the north side : , Mr .' Rogers read the letter of objection . , he had presented to the Clerk of the Board, pointing out-- • there was -a ' survey=- -_attached- -to -that-letter which showed an infringement • upon - the Namath -reparian rights . • Attorney • Rogers, requested on behalf of- the Namaths that the request - • • for variance application .be--den-i-ed- since applicant has proven-_ - - ' . • no hardshi_ p. - Th-e' ' -Namaths also- 'objected' `-to- -the -DNR's - requirement =-that-=Mr Hartless '- dock- be built_-f_ ive-feet"above- : the mean -high'- water--- mares. --This- would be'=an obstruction to- the Namaths ' presently c-lear view-of—the—river: Mr-: Rogers' =_ - =- letter stated that- one of the .reasons the--Namaths- chose this- - • particular property was because of its waterfront .exposure' and various-- reparia'n right's it'pro-ided-; ' - One. such - right is the . unobstructed view of the water. A structure standing five , feet above the: mean high water mark would definitely adversely effect the Namaths view of the water . Also, a 135 ' : extension on the ,present dock would also have an adverse ' effect . Attorney Rogers stated Namaths ' dock is' between 35 and 50 feet . and that Mr . Hartless '• present 50' dock was useable as it is . • Chairman Kirkland reported to Attorney Rogers that although the DNR required the Eastons to have their' dock five feet above mean high water , ' the Village convinced- the Agency t;o • lower it . • The Clerk of the Board read the letter of opposition from the. Tequesta Country - Club Association which stated that , though . they realized Mr . Hartless ' pr .operty was not in their • community, they would still be opposed to any such mega dock . They . felt this would be a hazard to navigat.ion .and • would be aesthetically displeasing to adjacent residents- and- would not --like --to-See a- precedent set for-this-size` dock•on- - -- - the Loxahatchee River. Attorney Rogers- stated he -- would • suspect that the' Country Club- would probably'-also --ob'je-ct to= a-•------- lesser extension- - -to -this - dock- --- Chai-rman_=-K-i-rkland inforued= _ - • • Mr. Rogers that-there had been three--"such-extensions-=granted wit in the---Country=- Club Community which went--beyond-the-=7-5'= --=--== limit ' of - theTOrdinance--. .--Mr.-Rogers-responded'that`-=Mr:`Namath is opposed to--any extension. - — _- - -._ ------• - Zoning Board of Adjustment Meeting Minutes January 15 , 1990 Page 7 • Member Turner asked Mr. Hartless if he had ever talked with Mr. Namath about this issue . Mr. Hartless responded. affirmatvely • and added that he had contacted all his • neighbors giving each a history of his permit process with all three._ Agencies_ and _stated _he. wa n_ted__to_ be ne_ighborl_y He_ stated he had explained to Mr. Namath he had received approval from the Agencies for 185 ' but that he was not going to go ahead with that because he had discovered it was objectionable_- -by -his : neighb.Qrs_ as _ well ._as the %'illage ;of Tequesta and had gone back 'to these Agencies to .ask what an acceptable_ lesser • extension _would be.-to- them... _ Mr . Hartless felt if he ._ had a: dock _approximately -the _ same _leng.th_ as his. neighbors, __this-__ should - be acceptable to _all _concerned: - His _ neighbor Mr. -.Drazick (who was in-- attendance at this meeting ) has a dock of 100 ' and his neighbor Mr-. Black has_ a -dock of 1 12 ' , and Mr Easton has a dock of `1ft ' • Member Van Wagner felt no hardship was indicated and felt the • Board could not approve this application in light of the strong opposition . Mary Nolen disagreed with Mr. Van Wagner since the water , at low tide at the end of his dock , was only approximately 18 inches - that presents a hardship. Member Nolen asked Mr . Hartless what size boat he was desiring and Mr. Hartless responded he had not yet decided that, since he - is waiting to see what is approved. Attorney Rogers stated Mr. Hartless should be satisifed with a 25 ' boat . HERMAN DRAZICK, 9 Bay Harbor (neighbor to south of Mr. Hartless) : Mr . Drazick stated that when he purchased his property 4-5 years ago he requested the specific Agencies to grant him a permit for .a larger dock since he owned a 31 ' • Tiara with twin diesels. - They agreed to give him 107 ' dock. The Village of Tequesta allowed him only 100 ' and insisted that he stay with the 500 feet. He had to change his boat size because of difficulty in maneuvering in those __=shaLlow -• waters . . Now he oi.ns=a. 30' boat with _twin._outboards and lhas not as much difficulty, -- but still kicks up mud going -out __ beyond .--hs i - dock.- . -When Mr-. Harthess was „buying_ his property___ next- door,-__Ti_e_approached_ Mr --D azi-ck asking==if_h e."wo_u=ld_;have_ any -objection =.-to=_a ___five foot clearance--on_his dock and- Mr Drazick said _he;_ anprobalilythe. Village, would object. Mr. - Drazick stated he would-. vehemently object to a five .foot clearance above mean high water and would fight this no matter what it took. ' • Zoning . Board of Adjustment . Meeting Minutes January 15 , 1990 Page 8 - - He . felt one or two feet above mean high water was , sufficient, • and . not to exceed over 500 square feet. Chairman Kirkland ' - asked Mr . Drazick if he .objected to his neighbor Mr. Black's • dock length . Mr. Drazick responded that he did not oppose • the length of the dock - but , he did oppose to the location_ ' along the • shoreline 'at?..--Mr: _ Black's - -property;- 'but, -in- retrospect, he wishes he had objected to the length . Mr. • Kirkland' s objective was to show that there was support for 112 ' but that the Village should Object .to five feet above • . mean high--water. __ Scott- -Ladd --- interjected --that-a::. cond.i-tion • could be placed tin thevariance` fora lesser -height: Chairman Kirkland—:—stated:- he: had asked _the -::inspector for--ahe DNR in Mr= _Easton '-s-case--=-if__:he--wa-s wtlling,.-to- indemnify- th'e = Village by making: them space-= the--boards--�on -docks-=.1 " apart .and' the inspector said he - could live' without that. -- Scott - Ladd explained -the DNR' s request for 1'"— spacing' was so' that ribbons of sunlight could pass through as the ,sun tracked its azmuth , and some sun would hit those grasses underneat .the • docks . However, 1 " spacing was agreed to be hazardous . Chairman Kirkland explained to: those in attendance. that . • because the . ,State owns the river and, the. Village owns the • land , the Village has to stay somewhere between State and • Village codes: ( i . e . , the Village ' s - requirement . for 75 ' docks and the State ' s approval of 185 ' docks ) ... • He further • ' explained the applicant has the option 'to .modify his application. Attorney Rogers stated it appeared to him that Chairman' Kirkland was an advocate ' for the applicant. . Chairman Kirkland responded he was an advocate for trying - to resolve problems which come up in the community where there appears to be a difference -of- opinion. '--:- And,.--i=f--on-e man is denied what others have . been granted seemed to him to be quite ' unfair. Attorney Rogers continued to object to the , . • application for variance. . Mr. Reddecliff asked-Mr. Hartless. if his ' present '50 ' dock was useabl.e__ and Mr. Hartless responded affirmatively. Mr. Van • • Wagner TT -stated- --that with -all the - obj-ect=ions , and the . appearance of no hardship, he was . .against approving this application--far---variance Mr= - Re'ddecliff concurred, since • the existing dock was useable. Mary Nolen disagreed with Mr. Reddecliff--and- Mr. Van_Wagner..: - t . Zoning Board of Adjustment • Meeting Minutes . . .- January 15 , 1990- - Page 9 . . . Chairman Kirkland stated the State law itself may be nebulous, and would wait to read the response from the State in' •-answer to , the Board ' s • inquiry'asking if things such as protecting the grasses .' under docks . is. specifically spelled out 'or if authority is given • to them to make those decis-ions'.= Attorney Randolph- explained it 'is the authority of.' State-- to make determinations as to. the lengths of docks that Are necessary to ^ protect the environment, etc. These : are • somtimes policy decisions that are made. :-bythe State, but . ' they •.do- have the force, of law since °it is pursuant to administrative regulation and pursuant . to the rules of the Department. ._ --Our - State-. Regulations - do-hot- necessarily take precedent over municipal . regulations . The Village has 'an Ordinance -in effect right now, which -has- not= been amended, - arid .is the' .Ordinance` under which applicant - is --seeking .a variance at _thi.-s,--•--po.i_nt... . , The, burden is' -on'.th'e--a-ppl'caht-to - show why he should receive a dock length in excess • of the 5 ' as currently stated in the Ordinance . The Board needs to make a determination on that, on the basis of what they have • heard ' here tonight . Attorney Randolph further explained to the Board that they could not consider anything in excess of • Applicant's. requested 185 ' but that they could consider. andgrant, something in lesser length ( i .e. , 112 ' ) . The Board ' s options . would be ' to either grant, deny, or defer the • application. . Mary Nolen , because of hardship of applicant to maneuver in • the presently- shallow .waters , moved to approve, applicant's request for ' a. 112 ' dock . and to keep the dock height as it presently stands , subject to getting all the permits from State Agencies . Chairman Kirkland - passed the gavel and-- - _ seconded the motion .- The vote was : • - -- • William 'Kirkland - -. . for . ' ' Jerre :Reddecliff - against . James Van Wagner-- - ' -- ' againt-.::--: -- -- -=- -: - _ Mary Nolen - . _.. _ .._ • _ for ---. . John Turner - against the motion therefore did not pass. • Chairman Kirkland informed applicant that since the majority. . 'of the . vote was against the motion, that now meant he could add no extension to his dock. Attorney Randolph explained that . was not ; the case, but that the floor Was now open to • entertain a new motion, since there has not been any • affirmative • action taken on this application. The Board simply'.. turned down a motion to approve 112 ' . The Chair should recognize anyone else who wishes 'to make a motion in . reference to this application. ' • Zoning Board of Adjustment . Meeting Minutes January 15 , 1990 Page. 10 - • Jerre . Reddecliff moved' to deny the application for - variance, because of lack of proof of hardship. Mr. : Van Wagner seconded that motion . The, vote was : William Kirkland - against - ' Jerre Reddecliff for James Van Wagner - for • . .Mary Nolen - against John Turner __ _ _.- . for„: • the' motion therefore passed and. was adopted. Chairman Kirkland asked Attorney Randolph if applicant is still • entitled_ to a 75 ' dock under the Village Ordinance . ' Attorney Randolph responded affirmatively, but explained that was subject to whatever permits could be obtained from the State . Chairman Kirkland explained to applicant he could reapply for a 75 ' dock but would need a permit from the State, .and the State may require him to go beyond 275 ' . But if' his next request • is . for a 'vari•ance, • .applicant would have to wait six months to reapply to the .Village. Scott Ladd explained to applicant that he had several options: 1 ) he could remove the existing dock and reconfigure. a new dock at '75 ' . and apply for. the various State approvals . Upon State approval , applicant would come into the Village Building Department with his • drawings , an, application for permit, and the State' permits , to apply for a Building Permit. Attorney Rogers asked if the DNR approved a 75 ' :dock , would 'the Village permit a 5 ' hi-gh :dock? Scott Ladd explained there is nothing , in Village codes that would deny 'that . Attorney Rogers stated the Village ought to consider an amendment in that code to address that issue . Attorney Randolph suggested that the best way to address that issue if Mr. Rogers ' client has a concern, is to send a letter - to the Village Manager so that he might call it to the attention of the Village 'Council . Zoning Board of Adjustment Meeting Minutes January 15 , 1990 Page 11 V. UNFINISHED BUSINESS There was no unfinished business . 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 9 : 30 P.M. Respectfully submitted, Fran Bitters Recording Secretary /fgb DATE APPROVED: /-24- 90 Attest : 66441- 04Q111 Scott D. Ladd Clerk' of the Board .