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HomeMy WebLinkAboutDocumentation_Regular_Tab 7A_9/10/1998 0 c VILLAGE OF TEQUESTA .... , DEPARIME[VT OF COIL MUNITY DEVELOPMENTT � Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (561) 575-6220 Fax: (561) 575-6239 BOARD OF ADJUSTMENT PUBLIC HEARING MEETING MINUTES APRIL 20, 1998 I. CALL TO ORDER AND ROLL CALL The Village of Tequesta Board of Adjustment held a regularly scheduled Public Hearing at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Monday, April 20, 1998. The meeting was called to order at 7:30 P.M. by Chair Raymond Schauer. A roll call was taken by Betty Laur, the Recording Secretary. Boardmembers present were: Chair Raymond Schauer and Boardmembers John Taylor and. Gilbert Finesilver. Also in attendance were Scott D. Ladd, Clerk of the Board, and Village Attorney John C. Randolph. Absent from the meeting were Vice Chair Susan Brennan and Boardmember Betty Coyle. II. APPROVAL OF AGENDA Boardmember Finesilver moved that the Agenda be approved as submitted. Boardmember Taylor seconded the motion. The vote on the motion was: Raymond Schauer - for Gilbert Finesilver - for John Taylor - for The motion was therefore passed and adopted and the Agenda was approved as submitted. Recycled Paper r BOARD OF ADJUSTMENT MEETING MINUTES April 20, 1998 PAGE 2 III. REORGANIZATION OF THE BOARD OF ADJUSTMENT Chair Schauer passed the gavel to Boardmember Finesilver. Chair Schauer moved that reorganization of the Board be postponed. Boardmember Taylor seconded the motion. The vote on the motion was: Raymond Schauer - for Gilbert Finesilver - for John Taylor - for The motion was therefore passed and adopted. IV. APPROVAL OF PREVIOUS MEETING MINUTES 1. Meeting of March 16, 1998 Chair Schauer passed the gavel to Boardmember Finesilver and made a motion to approve the minutes for the March 16, 1998 meeting of the Board of Adjustment as amended with Tequesta Oaks changed to requests Gardens and Nagle changed. to Nagy. Boardmember Taylor seconded the motion. The vote on the motion was: Raymond Schauer - for Gilbert Finesilver - for John Taylor - for The motion was therefore passed and adopted and the minutes were approved as amended. IV. NEW BUSINESS Village Attorney Randolph advised the applicants present that in order to prevail on an application a three-fifths vote of the Board was required. At this meeting, that would mean a unanimous vote since only three members of the Board BOARD OF ADJUSTMENT MEETING MINUTES April 20, 1998 PAGE 3 were in attendance. When only three out of five members were present, the applicants were given the opportunity to postpone their application until they could be heard by the full Board if they felt prejudiced by presenting their application to only three members. Attorney Randolph requested that applicants decide if they wished to postpone their applications, and stated that each applicant would be asked whether they wished to proceed. 1. An application from Edward and Lois Sara, owners of the property located. at 19179 Riverside Drive, Lot 19, Block 3, Riverside on the Loxahatchee Subdivision, requesting a variance to the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, Section VIE, Section X, Supplemental Regulations, Subsection (A) , General Provisions, Paragraph (1) (c), Walls and Fences, to allow the installation of a 4' high chain link fence on the south property line forward of the building front and to raise the existing 3' block wall on the front property line 2' to a height of 5', in lieu of no wall or fence being permitted to extend forward of the building front on any lot or parcel, as required by the Zoning Ordinance. A) Swearing-In of Witnesses, if Required. All those present who wished to speak on this issue were sworn in by Clerk of the Board Scott D. Ladd. B) Disclosure of Ex-Parte Communications. A poll of the Board revealed that no Boardmembers had had any ex-parte communications regarding this issue. C) Testimony of Witnesses and Cross Examination, if any. Clerk of the Board Scott D. Ladd explained that Mr. s BOARD OF ADJUSTMENT MEETING MINUTES April 20, 1998 PAGE 4 and Mrs. Sara had a lot on Riverside Drive with a lot of frontage, which had recently been annexed into the Village, and their house was positioned 174 feet from the street. There was an existing 3 ' high wall, and Mr. and Mrs. Sara wished to erect a chain link fence behind the wall. Mr. Sara explained that the fence would keep their small grandchildren out of the dangerous street. Discussion ensued. Chair Schauer questioned the setback from Riverside Drive, to which Mr. Ladd responded it was 25' . After further discussion, Chair Schauer passed the gavel to Boardmember Finesilver and made the following motion. D) Finding of Fact Based Upon competent Substantial Evidence. Chair Schauer made a motion to grant the variance with the fence to be constructed forward of the building line but no closer than 25' to the front of the property line, based on this as the minimum required to allow for use of the property in its location. Boardmember Finesilver seconded the motion. The vote on the motion was: Raymond Schauer - for Gilbert Finesilver - for John Taylor - for The motion was therefore passed and adopted. VI. UNFINISHED BUSINESS 1. An application from Agustin A. Hernandez, owner of the property located at 483 Seabrook Road, Property Control No. 60-42-40-25-00-000-5140, requesting a variance to the terms of the Official Comprehensive Zoning Ordinance of A BOARD OF ADJUSTMENT MEETING MINUTES April 20, 1998 PAGE 5 the Village of Tequesta Ordinance No. 355, as amended, Section ViI, Schedule of Regulations and Application of Regulations, Subsection (8) (3), requiring every building erected, added on to, reconstructed or structurally altered subsequent to the enactment of this ordinance shall be located on a lot fronting on either a private or public street; Subsection (C) , . Schedule of Site Requirements, R-1 Single-Family Dwelling District, minimum lot size, minimum lot width, maximum lot coverage and minimum side yard setbacks, to allow the construction of a single family residence on a 2,925 sq. ft. substandard lot in lieu of minimum lot size of 8,000 sq. ft.; a lot width of 25 feet, in lieu of minimum lot width of 75 feet; a proposed lot coverage of 45.1%, in lieu of a maximum of 37% lot coverage; and proposed side yard setbacks of 3.04 feet on each side, in lieu of a minimum aide yard setback of 7.5 feet, as required by the Zoning Ordinance. Clerk of the Board Ladd read the above into the record and explained this was a continuance of a case from the last meeting. A) Swearing-In of Witnesses, if Required. All those present who wished to speak on this issue were sworn in by Clerk of the Board Scott D. Ladd. 8) Disclosure of Ex-Parte Communications. A poll of the Board revealed that no Boardmembers had had any ex-parte communications regarding this issue. C) Testimony of Witnesses and Cross Examination, if any. BOARD OF ADJUSTMENT MEETING MINUTES April 20, 1998 PAGE 6 Augustin A. Hernandez, owner of the property, recapped his comments from the last meeting for the benefit of Boardmember Taylor, who was not present at the previous meeting. Mr. Hernandez went over the six code criteria to be used by the Board in making their decision, and described how the applicant believed the criteria had been met. Mr. Hernandez advised that in response to the Board' s request to provide an alternate plan, a one-story structure had been designed which was 18' x 70' with a simple pitched roof and with dark brown board and batten siding used on the exterior. Mr. Hernandez commented that the applicant believed this style would not be complementary to the Village and would not add to the value of the Village, and therefore still favored the original proposed design. Mr. Hernandez explained that many of the people who had objected to the project at the previous meeting had removed their objections after the meeting, and described how the privacy issue had been resolved so that the neighbor to the south was now satisfied. Mr. Hernandez produced photographs of neighboring houses. Mr. Hernandez explained that sun calculations had been done, which showed that there would be very few days during the year where neighboring homes would be overshadowed by this house. Mr. Hernandez discussed the access to the property, and explained that an attorney had been hired to handle this issue, however, on April 15 that attorney had notified Mr. Blehar he did not have time to handle the case; therefore, the applicant was willing to accept a condition of approval regarding a mutual use easement. Jon Blehar, Architect, reviewed the site data and changes to the design since the last presentation. The lot coverage had been reduced 1.6%; 6° had been removed from the east side of the building and the BOARD OF ADJUSTMENT MEETING MINUTES April 20, 1998 PAGE 7 scoops made larger; living area had decreased 152 s.f. ; the second floor had been reduced 23 s.f. , and total living space decreased by 176 s.f. Mr. Blehar explained that the kitchen had been moved to the rear of the house, which was now a 2-bedroom design. Total building area was now 2,209 s.f. , reduced by 68 s. f. Mr. Blehar explained that the landscaped area had become larger and had increased 1.6%, which did not include the assumed easement. Side setbacks were 3 ' -0" and 3' -6-1/2" and the building height was reduced by 1 foot. Mr. Blehar explained that sun calculations indicated on the longest day of the year, June 15, after 8 a.m. no shadow would be cast on the adjacent cottage, and on the shortest day of the year, December 15, after 10:30 a.m. no shadow would be case on the cottage. Mr. Blehar commented the building to the west was approximately 33' from the proposed home, which was much farther than in an average subdivision, and it was approximately 48' - from the home on the south. Mr. Blehar explained that heavy vegetation provided screening from the neighbors. Mr. Blehar discussed the lack of a particular architetural style in this section of Tequesta and his belief that the proposed style would be in harmony with the neighborhood. . Mr. Blehar stated he could give the village Attorney a copy of the fax from the attorney who had notified him that he could not take the applicant' s case. Mr. Blehar expressed his opinion that the 1-1/2 story design was reasonable given the fact this property had been a lot of record since 1925, and he hoped the Board would favor that design instead of the one story unit. Ed Bush of Maryland, whose mother's estate was the owner of the adjacent property, objected to the project. Mr. Bush' s comments included objection to the air conditioning pads encroaching into the BOARD OF ADJUSTMENT MEETING MINUTES April 20, 1998 PAGE 8 setbacks, that the 25' front setback was really only 10-11 feet because of the front roadway, expressed his opinion that a one-story structure was marketable, wondered whether the applicant had attempted to find another attorney, commented that he believed the design to be incompatible with the others on the road, stated that Mr. Hernandez had not asked permission to utilize Mr. Bush's driveway and did not have permission to use the driveway, and questioned how water runoff would affect adjoining property. Mr. Bush stated he did not have a problem with a one-story design but wanted side setbacks clear. Mr. Bush commented he had made an offer to purchase the property from Mr. Hernandez, which was refused. Mt. Bush took exception to Mr. Hernandez's comments about people reversing their positions after the last meeting and now being in favor of the project. Mr. Bush stated he had talked to those same people and they still objected to the project. Mr. Bush stated he had been there much longer than Mr. Hernandez and objected to having to put in a driveway to give Mr. Hernandez access. Mr. Bush stated that Tim Whelan, attorney for the Bush estate, was present at the meeting. Timothy R. Green was sworn in and stated he had been a tenant on the Bush property for 33 years and cautioned Mr. Hernandez that he was under oath when he had said neighbors were now in favor of the project when they were not. Mr. Green related his conversations with various neighbors who had said they were still not in favor of the project. Cindy Sidell, Tequesta Pines resident, explained that the back of her property came up to Hernandez property, and she objected to the project since she believed it would create a hardship for the neighbors and was 'not compatible with the BOARD OF ADJUSTMENT MEETING MINUTES April 20, 1998 PAGE 9 neighborhood. Ms. Sidell commented that people liked the plan, but not in that location, and she feared it would devalue her property by being so close, and questioned where visitors to the proposed home would park. Ms. Sidell commented that the project did not meet even 50% of the requirements. William Wilder, 7 Garden Street, Tequesta Gardens, expressed his concerns with violating Tequesta codes. Donna Rodriquez stated she was not in favor of the project. Betty Nagy, Shay Place, questioned whether the building rights granted to Mr. Hernandez should be at the 7-1/2' setback allowed by the County, and questioned whether water runoff from the roof would go onto the adjacent property. Tim Whelan, Attorney for the Bush Estate, commented the estate did not object to construction of a single story residence within appropriate setbacks, but asked the Board to consider how the neighbors would be impacted during construction on the site. Attorney Whelan brought up the possibility that a new road might be constructed on the opposite side of the lot, which would mean the house would face the wrong way. Mr. Hernandez responded to the preceding comments, stating that the air conditioning pads did not encroach beyond his property, and he thought they were allowed in the setback. Mr. Hernandez explained that a car could park in the garage with another car on the driveway. Mr. Hernandez explained that Mr. Blehar had no intention of living in a one-story home on this property; BOARD OF ADJUSTMENT MEETING MINUTES April 20, 1998 PAGE 10 therefore, if a one-story building was constructed it would be a rental unit, and asked the current rental of the adjacent properties, to which Mr. Bush responded the rent was $350/month. Mr. Hernandez commented regarding not being able to obtain an attorney on such short notice, and explained the applicant had contacted two other attorneys who also declined because there was not enough time to prepare the case. Village Attorney Randolph asked Mr. Hernandez if he felt prejudiced by not having an attorney present. Mr. Hernandez responded, yes. Attorney Randolph commented that the applicant had been given an opportunity to defer the presentation. Mr. Blehar explained he contacted Building Official Scott D. Ladd on Friday about the fax from the attorney and Mr. Ladd had advised that the applicant may want to go ahead and seek an approval with the condition that an access easement be included in any motion to approve the variances. He also advised the applicant that there might be additional fees if the applicant simply withdrew the application without coming to the meeting. Mr. Ladd explained he had given guidance and left the choice up to the applicant. Village Attorney Randolph stated for the record there would not be additional filing fees if deferred as a result of the fact that only three members of the Board were in attendance. Mr. Hernandez commented that he believed the design to be compatible with the train depot, that there would not be a proliferation of long skinny houses since this was the last lot in Tequesta of this size, stated that he had not asked permission to use the driveway but had used it just like everyone else, and that no one had asked permission to cross his property. Mr. Hernandez stated the applicant was going to have their attorney ask for access permission. Water runoff and drainage was ti BOARD OF ADJUSTMENT MEETING MINUTES. April 20, 1998 PAGE 11 described. Mr. Hernandez discussed his right to build on the property, his rejection of Mr. Bush' s offer to purchase the land, and stated his intent was to build on this property and the design would be decided by the Board. Mr. Hernandez responded to Mr. Green's comments that he had misled the board by indicating people had changed their position and now favored the project. Mr. Hernandez stated that when given the choice between the two plans, Mr. Rodriquez had expressed a preference for the 1-1/2 story plan. In response to Ms. Sidell's comments, Mr. Hernandez explained that the Village had granted him development rights when his property was annexed, that he had met the six criteria for granting a variance, and disagreed he would create a hardship for the neighbors. Mr. Hernandez responded to Mr. Wilder's comments that he 'was before the Board because he was not in conformance with codes, and that was the purpose of this Board, to consider variances to tie code. Mr. Hernandez stated he stood corrected regarding his prior cOmments that the neighbors approved the plan. Mr. Hernandez commented that Attorney Whelan wanted a one story house within particular setbacks, and he could build that. Mr. Hernandez stated he wanted an attorney to handle the access situation. Mr. Blehar stated the air conditioning pads could be moved if not permitted as proposed, and explained that an access easement would permit a second car room for backing up to allow parking in the driveway. Mr. Blehar commented that water and sewer hookup would cost approximately $7, 000 and other permitting would cost $10,000-$15, 000; and given today' s construction and permitting costs he did not think a small unit for rental could be built that would pay at $350/month rent. Mr. Blehar described the drainage system, indicating BOARD OF ADJUSTMENT STING MINUTES April 20, 1998 PAGE 12 that the runoff would be split so half would drain off on each side of the property. Mr. Blehar explained that the roofing material was copper which would turn green. Mr. Blehar explained that buildings were built right on property lines in other places, and contractors were able to construct buildings without encroaching on neighboring properties during construction. Village Attorney Randolph questioned Mr. Hernandez as to what he thought the language "after structures have been established" on the 1922 deed meant. Mr. Hernandez responded he thought it pertained to common platting and claiming a structure was there. Mr. Hernandez reported his research of old aerials indicated access along the present driveway showing a driveway had been in existence from early times to the present. Boardmember Taylor questioned Mr. Bush as to the easement issue, to which Attorney Whelan responded the easement issue was completely separate. Boardmember Finesilver commented Mr. Hernandez had really bent over backwards to show that the variance requested was the minimum variance possible, and it was a judgement call as to what was reasonable use of the land. Boardmember Finesilver expressed his opinion that denying the variance might deny Mr. Hernandez of certain rights other property owners enjdy, however, it was very difficult to ignore all the problems entailed by granting a variance. Mr. . Hernandez stated the applicants were willing to work with the Board. Chair Schauer questioned Clerk of the Board Ladd as to whether the Board should be concerned with the access issue, to which Mr. Ladd responded that a building permit could not be issued until the Village received an ingress/egress agreement. BOARD OP ADJUSTMENT MEETING MINUTES April 20, 1998 PAGE 13 Attorney Randolph advised that the ingress/egress agreement could be a condition of approval, and that the Board was under no obligation to help design this project--that their only obligation was to look at the project presented and make a determination on the basis of what was presented and the criteria that had been met, and if any criteria was not met, to make that part of the motion. Attorney Randolph advised that if the Board did not think an application met minimum variance, they did not have to announce what they might grant, but the reason for their decision must be incorporated in the motion so that a reviewing body would know. During further discussion, Chair Schauer explained that he believed the applicant had met five of the criteria, but had not met the one that the variance was the minimum allowed. Boardmember Taylor expressed his opinion that the Board should not judge a two-story vs. A one-story building. Discussion ensued regarding possible conditions of approval_ Chair Schauer commented that he had miscalculated and believed that the one-story structure would be the minimum variance allowed. Chair Schauer passed the gavel and made the following motion: Chair Schauer moved to approve the request for variance based on the decision that all criteria had been met with the conditions that 4-1/2, side yard setbacks be required, having the side yards unrestricted with no access and no air conditioning units within the setback areas, and that the access issue be resolved by showing a written and recordable access easement to the property. The motion died for lack of a second. Discussion ensued regarding water runoff. Chair Schauer took the gavel back. r;, BOARD OF ADJUSTMENT MEETING MINUTES April 20, 1998 PAGE 15 The motion was therefore passed and adopted. VIZ. ANY OTHER MATTERS Mr. Bush thanked everyone for their time. VIII. ADJOURNMENT Boardmember Finesilver moved that the meeting be adjourned. Boardmember Taylor seconded the motion. The vote on the motion was: Raymond Schauer - for Gilbert Finesilver - for John Taylor - for The motion was therefore passed and adopted and the meeting was adjourned at 10:25 p.m. Respectfully submitted, Betty Laur Recording Secretary ATTEST: Xielgt . 4a Scott D. Ladd Clerk of the Board DATE APPROVED: