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HomeMy WebLinkAboutDocumentation_Regular_Tab 7-A_4/9/1998 i ., . . T r .Pit t 0 VILLAGE OF TEQUESTA ' .. DEPARTMENT OF COMMUNITY DEVELOPMENT '' t �'�`• Post Office Box 3273 • 357 Tequesta Drive a' j;�'c .••wit Tequesta, Florida 33469-0273 • (561) 575-6220 4.--' .-. ' Fax: (561) 575-6239 cN Cli - BOARD OF ADJUSTMENT PUBLIC HEARING MEETING MINUTES DECEMBER 15, 1997 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, December 15, 1997. The meeting was called to order at 7:30 P.M. by Vice Chair Susan Brennan. A roll call was taken by Betty Laur, the Recording Secretary. Boardmembers present were: Vice Chair Susan • Brennan and Boardmembers Betty Coyle and John Taylor. Also in attendance were Michelle Falasz, sitting in for Scott D. Ladd, Clerk of the Board; and Village Attorney John C. Randolph. Absent from the meeting were Chair Raymond Schauer, Boardmember Gilbert Finesilver, and Alternate Donna McDonald. II. APPROVAL OF AGENDA Boardmember Coyle moved that the Agenda be approved as submitted. Boardmember Taylor seconded the motion. The vote on the motion was: • Susan Brennan - for • • Betty Coyle - for John Taylor - for . The motion was therefore passed and adopted and the Agenda was approved as submitted. Recycled Paper • BOARD OF ADJUSTMENT MEETING MINUTES December 15, 1997 PAGE 2 III. APPROVAL OF PREVIOUS MEETING MINUTES 1. Meeting of August 18, 1997 Boardmember Taylor made a motion to approve the minutes as submitted for the August 18, 1997 meeting of the Board of Adjustment. Boardmember Coyle seconded the motion. The vote on the motion was: Susan Brennan - for Betty Coyle - for John Taylor - for The motion was therefore passed and adopted and the minutes were approved as submitted. IV. NEW BUSINESS An application from ARC Financial Group, Inc., owner of the property located at 11 Bunker Place, Lot 298, Tequesta Subdivision, 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 (E) , Swimming Pool Regulations, Paragraph (3) , applicable setbacks for open swimming pools, to allow the construction of an open swimming pool with a rear yard setback -of three (3) feet from rear property line to waters edge, in lieu of seven (7) feet, as required by the Zoning Ordinance. Village Attorney Randolph advised the applicant that in order to prevail on an application a three-fifths vote of the Board was required. In this instance, that would mean a unanimous vote since only three members of the Board were in attendance. When only three out of five members were present, the applicant was given the opportunity to postpone their application until they could be heard by the full Board if they felt prejudiced by presenting their BOARD OF ADJUSTMENT MEETING MINUTES December 15, 1997 PAGE 3 application to only three members. Mr. Rohan expressed the applicant' s desire to proceed. A) Swearing-In of Witnesses, if Required. Village Attorney John C. Randolph conducted the swearing- in of those who intended to speak. B) Disclosure of Ex-Parte Communications. A poll of the Boardmembers indicated that none had had ex-parte communications. C) Testimony of Witnesses and Cross Examination, if any. Mr. Roy Rohan stated that he was present on behalf of the applicant, ARC Financial Group, Inc. , owner of the property at 11 Bunker Place. Mr. Rohan indicated that 11 Bunker Place was located at the beginning of a cul-de-sac in the Tequesta Country Club community, with the house set back 53 ' from the parallel property line, which was more than twice the required 25' ; and that at the closest part of the arc that constitutes the cul-de-sac, the house was set back approximately 38' from the property line or more than 13' in addition to the 25' required setback. The placement of the house was peculiar to this lot. The lot is irregularly shaped. Mr. Rohan indicated that it is well recognized in zoning law that an irregular shape or other peculiar physical characteristics of a particular parcel constitute a hardship which justifies granting of a variance. Because of the unique positioning of the structure on the property, the rear yard contains very little room. Most homes in the area are built closer to the roadway and generally adhere to the 25' setback, but this house does not. The rear yard contains at its widest point 24-1/2' leaving very little room for a pool and required decking. Mr. Rohan explained that the owner of the property did nothing to create the special existing circumstances. 4 BOARD OF ADJUSTMENT MEETING MINUTES December 15, 1997 PAGE 4 Mr. Rohan commented that no special privilege not enjoyed . by others would be conferred upon the property should this Board grant the requested variance; and that other similarly situated property owners had been granted variances from rear and side yard setbacks for construction of a pool and or a screen enclosure. Mr. Rohan explained that the applicant felt a literal interpretation of the zoning ordinance would deprive the applicant of the rights enjoyed by others in the zoning district and would work an unnecessary hardship upon the applicant. The applicant has contracted with a local reputable pool company and has submitted plans to the Village to construct a 15' wide pool, and has been advised by the pool company that there is no other location on this property on which: to place a pool, and that a 15' wide pool is standard. The variance requested is the minimum variance possible, and does not include a screen enclosure since the applicant felt it would be best not to request more than necessary. Mr. Rohan explained that this variance request was previously granted to the applicant in September 1993; however, because of personal circumstances, construction did not begin within the required six months and the variance lapsed. The Board of Adjustment at that time found that the property met all requirements for granting a variance, including hardship and other relative matters, and there has been no change in the property' s shape or size since that time. Mr. Rohan explained that Tequesta Country Club had entered an objection which the applicant felt should be weighed against the fact that the Country Club did not pose any objection in 1993 when a similar variance was granted. The letter from the Country Club expressed concern that because the pool would be unscreened, an errant golf ball could land in the pool and strike someone. Mr. Rohan expressed his opinion that since a golf ball could go through glass or screen, this objection was not relevant; and that this objection should not carry much weight in light of the fact the Country Club did not object to the same variance in 1993. BOARD OF ADJUSTMENT MEETING MINUTES December 15, 1997 PAGE 5 Mr. Rohan indicated that an objection from an adjoining neighbor residing at 7 Bunker Place did not address the criteria to be. met by the applicant or to be considered by the Board under the Ordinance. Mr. Rohan distributed letters of support from other neighbors to the members of the Board. Acting Clerk of the Board Michelle Falasz read into the record a letter of support from Zinta L. Peterson; a letter of objection from Tequesta Country Club signed by William M. Sharpless, President, indicating concern regarding damage from an errant golf ball; and a letter of objection signed by Charles D. Harless and Ann Harless of 7 Bunker Place, Charles E. Varn and Kathleen Varn of 3 Bunker Place, William C. Arendt and Rita Arendt of 210 Golfview Drive, John G. Myers and Lois Myers of 19 Bunker Place, and James E. Odell and Gisela Odell of 12 Bunker Place, objecting because they believed there was no hardship, that granting of the variance would interfere with their enjoyment of their properties and views, because the installation of a pool would require them to drive their golf carts too close to an existing pond, and because the Rohans maintained their property in a messy fashion. Photographs of the subject property included with the letter signed by the group of neighbors were viewed by the Board. Mr. Rohan responded that he had addressed the concern expressed by Tequesta Country Club and that the applicant accepted the risk which might be posed by an errant golf ball. Mr. Rohan also commented that the letter from the group of neighbors expressed an opinion and did not address criteria required to be considered, but rather was in regard to the property's appearance, and expressed the applicant' s objection to introduction of the photographs which were undated and stated that there was no way to know when the photographs were taken or any testimony to say whether any of those conditions exist. Mr. Rohan stated that he did not see what a photograph of ti BOARD OF ADJUSTMENT MEETING MINUTES December 15, 1997 PAGE 6 frogs eating out of a cat food bowl had to do with the granting of a variance; that the applicant had shown hardship and felt that the granting of a variance would be in harmony with the general intent of the Village' s Comprehensive Plan and the Village Zoning Ordinance; and that the applicant was requesting something enjoyed by many others in the Country Club. Mr. Rohan commented that construction of the swimming pool would provide an opportunity for the applicant to fix up the back yard and that landscaping as required by the Village would be installed. Discussion ensued regarding location of a path behind the applicant' s property used by residents of the Country Club to drive their golf carts to the course. Mr. Rohan verified that the residents were not driving their golf carts on the applicant's property, and that the pond was located behind his adjoining neighbor's house at 7 Bunker Place. Acting Clerk of the Board Michelle Falasz provided a map indicating where the golf carts were driven and commented that the rear of the properties had been constructed so that access to the golf course was available even if there was a tree line. In response to a question from a Boardmember, Mr. Rohan indicated that his adjacent neighbor on the east side was ill and in a nursing home and he had been unable to contact her for comments, however, she had had no objection to the variance in 1993. The letter from the Country Club was re-read by Acting Clerk of the Board Michelle Falasz. Boardmember Coyle inquired how far the property was from the second tee, which the applicant estimated to be over 200 feet and stated that very rarely did a golf ball Come into the applicant' s yard and that danger from a golf ball was a risk accepted when the property was purchased. William Arendt, 210 Golfview, was sworn in by Village Attorney Randolph. Mr. Arendt commented that he lived three houses farther down the fairway than the applicant, and that he constantly saw balls driven farther down than BOARD OF ADJUSTMENT MEETING MINUTES December 15, 1997 PAGE 7 his home, which would be 50 '. farther down than the applicant' s property. Vice Chair Brennan questioned whether the previous . application was valid, to which Village Attorney Randolph responded that each application stands on its own and the fact that there was a previous application from the same owner for variance on this property had been presented simply for the weight it carried. Mr. Rohan commented that the previously granted variance had been scaled back and that the present request was for a minimum variance. Charles Harless, 7 Bunker Place, stated that he lived next door to the applicant and had been in the process of purchasing his property in 1993 and had signed at that time as having no objection to the requested variance; however, since having lived next door to the applicant he had reversed his position and had signed the letter of objection presented. Mr. Harless described the applicant' s property as an eyesore which detracts from property values of nearby homes. Acting Clerk of the Board Falasz indicated that the previous owner of 7 Bunker Place had signed a letter of approval for the 1993 variance. Vice Chair Brennan expressed her opinion that she believed it was important to keep in mind the cumulative effect of decisions made by the Board. Mr. Rohan responded that he understood the concern regarding granting too many variances, however, on June 15, 1997, this Board had approved a variance with only a 2' setback, and explained that the applicant' s property was peculiar in shape with a structure placed very far back through no fault of the applicant. Attorney Randolph reminded the Board that they were acting in a Quasi- Judicial capacity which required them to follow the requirements set forth in the code, and that in considering comments made by neighbors those comments must be relevant to criteria in the code. 4 BOARD OF ADJUSTMENT MEETING MINUTES December 15, 1997 PAGE 8 D) Finding of Fact Based Upon Competent Substantial Evidence. Boardmember Taylor made a motion to approve the variance to the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta for the property located at 11 Bunker Place, Lot 298, Tequesta Subdivision, to allow the construction of an open swimming pool with a rear yard setback of three (3) feet from rear property line to waters edge in lieu of seven (7) feet as required by the Zoning Ordinance because the Applicant met the criteria set forth in the Code. Boardmember Coyle seconded the motion. The vote on the motion was: Susan Brennan - against Betty Coyle - for John Taylor - for The motion failed for lack of a three-fifths vote. Vice Chair Brennan passed the gavel to Boardmember Coyle. vice Chair Brennan made a motion to approve the variance to the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta for the property located at 11 Bunker Place, Lot 298, Tequesta Subdivision, to allow the construction of an .open swimming pool with a rear yard setback of three (3) feet from rear property line to waters edge in lieu of seven (7) feet as required by the Zoning Ordinance because the Applicant met the criteria set forth in the Code, with the' condition that a deed restriction be placed on the property that the pool shall not be enclosed by a screen or any enclosure in the future. Boardmember Coyle seconded the motion. The vote on the motion was: Susan Brennan - for BOARD OF ADJUSTMENT MEETING MINUTES December 15, 1997 PAGE 9 Betty Coyle - for John Taylor - for The motion was therefore passed and adopted. V. UNFINISHED BUSINESS Vice Chair Brennan inquired whether the letter had been written to the Village Manager in compliance with the motion made at the last meeting. Attorney Randolph responded that he did not know, and that the Board needed to check with Clerk of the Board Scott D. Ladd. Attorney Randolph commented that the letter was to state the Board' s concern regarding lack of attendance at Board meetings, to request that the vacant seat on the Board be filled, and perhaps to request that rules be adopted regarding attendance. Acting Clerk of the Board Falasz commented that she believed the matter had been addressed and that she would check with Mr. Ladd. VI. COMMUNICATION FROM CITIZENS There were no communications from citizens. VII. ANY OTHER MATTERS There were no other matters to come before the'Board. VIII. ADJOURNMENT Vice Chair Brennan declared the meeting adjourned at 8:20 P.M. U BOARD OF ADJUSTMENT MEETING MINUTES December 15, 1997 PAGE 10 • Respectfully submitted, • ,-"51t1 Betty Laur • Recording Secretary ATTEST: L..4A611 . Mi 1 Falasz Acting Clerk of the Board DATE APPROVED: