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HomeMy WebLinkAboutDocumentation_Regular_Tab 7A_1/8/1998 1.. • VILLAGE OF TEQUESTA ooi .;,;. DEPARTMENT OF COMMUNITY DEVELOPMENT v ��� Post Office Box 3273 • 357 Tequesta Drive r; q 1,���� ` g Tequesta,Florida 33469-0273•(407)575-6220 1 _' � Fax:(407)575-6239 RCN COUNT BOARD OF ADJUSTMENT PUBLIC HEARING MEETING MINUTES AUGUST 18, 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, August 18, 1997. 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: Chairman Raymond • Schauer, and Boardmethbers Gilbert Finesilver and John Taylor. 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, Boardmember Betty Coyle, and Alternate Donna McDonald. 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 V BOARD OF ADJUSTMENT MEETING MINUTES August 18, 1997 PAGE 2 III. APPROVAL OF PREVIOUS MEETING MINUTES 1. Meeting of June 16, 1997 Boardmember Finesilver made a motion to approve the minutes as submitted for the June 16, 1997 meeting of the Board of Adjustment. 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 submitted. IV. NEW BUSINESS An application from Matthew and Terri Taylor, owners of the property located at 320 Tequesta Drive, Lot 2, Block 35, Jupiter in the Pines "D" Subdivision, requesting a variance to the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, Section VIZ, Schedule of Regulations and Application of Regulations, Subsection (C), Schedule of Site Requirements, R-1 Single-Family Dwelling District, minimum rear yard setback, to allow the construction of an addition to the existing single family residence with a rear yard setback of 7.0' (feet) , in lieu of 20' (feet) setback for any main building or structure, as required by the Zoning Ordinance. Village Attorney Randolph advised the applicants 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 /01 BOARD OF ADJUSTMENT FETING MINUTES August 18, 1997 PAGE 3 Board if they felt prejudiced by presenting their application to only three members. Mrs. Taylor expressed the applicant' s desire to proceed. A) Swearing-In of Witnesses, if Required. Mr. Scott D. Ladd, Clerk of the Board, 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. Mrs. Terri Taylor stated that she and her husband, Matthew, and their children were present at the meeting and resided at 320 Tequesta Drive. Mrs. Taylor indicated that the applicants wished to add an addition to their home, and that the initial 7' setback had been revised to 10 ' minimum setback. The new drawing was presented to the Board. Mrs. Taylor explained that the way the house was placed on the property and overhead power lines affected placement of an addition; with the result that the best plan was to extend the rear of the house to the west. The addition would provide increased living space for their growing family and would update the property to improve the neighborhood. The present master bedroom in this 30-year-old house was very small with little closet space. The addition would consist of a master bedroom, closet, and master bath. The addition would be placed so that a pool could be added on the east side later. Mr. Doug Crown, stated that he lived at 317 Daley Road, Tequesta, immediately back of the Taylor' s property, explained that he had come to protest the 7' setback, however, since the setback request had been changed to 10 ' , he had no objections. 1 BOARD OF ADJUSTMENT MEETING MINUTES August 18, 1997 PAGE 4 Boardmember Finesilver requested clarification regarding closet space. Mrs. Taylor explained that the present small master bedroom closet was shared by the two of them, and that they used closet space on an enclosed porch. Mr. Taylor clarified that an air conditioner handler had been placed half in the closet and half in the laundry room, and there was no attic space for the air handler. Mr. Taylor verified that there would be no overhang on the new addition at the rear, but that a straight gable end was planned. During ensuing discussion, Clerk of the Board Scott D. Ladd advised that the new total square footage of the house with the proposed addition was 2, 324 S.F. Mr. Ladd advised the applicant that a future pool could not have a screen enclosure. Mrs. Taylor explained that she would advise any future prospective purchasers that a screen enclosure was not allowed. Mr. Ladd advised that Village Code allowed a 10 ' setback for an accessory structure. D) Finding of . Fact Based Upon Competent Substantial Evidence. Boardmember Finesilver made a motion to approve the variance for an addition at 320 Tequesta Drive in accordance with the revised plan allowing a 10' setback, with the addition to be no larger than 31' x 17.6' as shown on the revised drawing. 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. V. UNFINISHED BUSINESS 1. From the June 16, 1997, Board • of Adjustment public BOARD OF ADJUSTMENT MEETING MINUTES August 18, 1997 PAGE 5 hearing, submittal of landscape buffer plan for proposed tennis court, Larry and Carol Wright, owners, 11 DeWitt Place, Lots 2 & 3, Noit Gedacht Subdivision. A) Swearing-In of Witnesses, if Required. Mr. Scott D. Ladd, Clerk of the Board, conducted the swearing-in of Mr. Larry Wright. 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. Larry Wright testified that the landscape plan would provide for landscaping using oleanders at the northeast corner of the tennis court to completely block the view of the fence from either DeWitt Place or Bayview Drive. The same thing would be done so that the view from the back of lot 2 looking south and southwest would be blocked. The low canopies of the many existing canopy trees would extend to the tops of the oleanders. The canopies were approximately 6 feet from the ground. Mr. Wright explained that the court would be completely hidden by landscaping from all directions. Clerk of the Board Scott D. Ladd explained that Mr. Wright had applied for a variance for height and location of fences for a tennis court. After deliberation, the Board had voted to accept the variances subject to conditions--one of which was that the location of the tennis court be moved as far south as possible to a point where a utility easement existed. Another condition was to provide landscaping to buffer the fence, subject to another appearance before the Board for approval of the • landscape plan. BOARD OF ADJUSTMENT MEETING MINUTES August 18, 1997 PAGE 6 Mr. Wright provided a photograph of the existing property. Mr. Ladd requested that distances and placement of the proposed oleanders be indicated on the plan. Mr. Wright explained that the oleanders would be placed 3 feet apart, and allowed to grow to a height of 4 to 5 feet. The first oleander on the west side would be 3 feet from the corner, with four plants down each side. After ensuing discussion, Mr. Wright agreed to add another oleander at the corner. Boardmember Finesilver questioned whether if this plan was approved it was understood that none of the existing trees would be cut in the future. Mr. Ladd advised that a condition of approval could be made that Mr. Wright maintain those trees in the future, so that if any were lost they would have to be replaced. Village Attorney Randolph explained that the plan indicated those trees so 'the applicant could not remove them, and if any were lost they must be replaced. The Village Attorney indicated that a unity of title and deed restriction must be provided, and the plan could be included within the deed restriction, so that future owners must abide by that plan. Village Attorney Randolph clarified that the deed restriction would be only for the tennis court use; therefore, a new owner could be allowed to build a home on that lot. D) Finding of Fact Based Upon Competent Substantial Evidence. Boardmember Finesilver made a motion to approve the landscape buffer plan as presented, along with the unity of title and no lighting allowed restruction. Boardmember Taylor seconded the motion. The vote on the motion was: Raymond Schauer - for BOARD OF ADJUSTMENT MEETING MINUTES August 18, 1997 PAGE 7 Gilbert Pinesilver - for John Taylor - for The motion was therefore passed and adopted. VI. COMMUNICATION FROM CITIZENS There were no communications from citizens. VII. ANY OTHER MATTERS Chairman Schauer questioned whether there was now a full Board, to which Clerk of the Board Ladd responded that one more regular member was needed. Chairman Schauer discussed the problem of poor attendance by Boardmembers and commented that he had given serious consideration to calling a special Board meeting for the specific purpose of deciding the future of the Board or to remove everyone who had not attended for awhile. Boardmember Finesilver indicated that he believed the Board served a purpose and that its duties should not be turned over to the Village Council; and that if Boardmembers were removed who had not attended recently that the Board would be in worse shape than at present. Clerk of the Board Ladd explained that Boardmembers and alternates were called before each meeting and that an inordinate amount of staff time was spent trying to ascertain that Boardmembers would attend so that a quorum could be assured. Village Attorney Randolph advised that ordinances in some communities imposed restrictions that if over two meetings in succession were missed that the Boardmember would be removed, and that attendance by alternates was required whether they were seated or not, and that it was not fair for an applicant to appear before only three Boardmembers. Mr. Ladd commented that too much pressure was placed on the Boardmembers when only three were present. Chair Schauer commented that with the full Board present everyone could provide input, and that if the BOARD OF ADJUSTMENT MEETING MINUTES August 18, 1997 PAGE 8 applicants had not voluntarily changed their request from 7' to 10 ' setback at tonight's meeting, that he would not have been able to vote for approval. Boardmember Finesilver commented that dissolving the Board was not an answer, but that the right people were needed on the Board, and that attendance criteria should be established. Clerk of the Board Ladd clarified that the present alternate Boardmembers were Donna McDonald and John Taylor. Mr. Taylor had recently been appointed as an alternate member, and this was his first meeting. Discussion ensued regarding how people were notified they could serve on a Board, to which Mr. Ladd responded that announcements were made in the Village newsletter. After discussion, Village Attorney Randolph advised that if all of the Boardmembers .felt the Board filled a purpose, • that they could authorize the Chair to send a letter to the Village Manager advising of their concern as a Board over lack of attendance, and recommending that the Village Council establish a policy that if Boardmembers miss more than two meetings in succession that they be removed from the Board. The Village Attorney commented that if such a policy were established, Boardmembers might take attendance more seriously. Clerk of the Board Ladd commented that he liked the idea of requiring alternates to attend, since one of the regular Boardmembers could declare a conflict of interest, and also because if an application were postponed the alternates would know the background. Mr. Ladd commented that the work of this Board was very serious, affecting the lives of people and their homes, and he would like all Boardmembers to get that message and to know they must make a commitment, and not make other plans for the third Monday night of each month. Boardmember Finesilver commented that lack of attendance was a recent trend. Village Attorney Randolph advised that a maximum number of meetings to be missed during a year could also be imposed. Chair Schauer commented that at a special meeting or the next regular meeting there should be discussion regarding „s t BOARD OF ADJUSTMENT MEETING MINUTES August 18, 1997 PAGE 9 the duties of the Board. Mr. Ladd agreed, and stated that periodically the Board should go over the rules, format, and how the Board should operate. Mr. Ladd commented that a lot of communities sent their Boardmembers for training, which was available; however, even without formalized training Boardmembers could be advised of how they should operate. Wade Griest commented that the Board of Adjustment was one of the most important Boards of the Village since their decisions were final and could only be appealed through the Courts. Mr. Griest stated that most of the Village residents did not know that the Board of Adjustment' s decisions could not be overturned by the Village Council. Mr. Griest commented that he believed the strength of this Board could be publicized and a lot of thought should be given to whether this Board should continue as it is. Discussion ensued regarding whether to hold a special meeting or just to send a letter to the Village Manager at this point. Chair Schauer suggested sending the letter first, urging the Village Council to get the final member of the Board in place. Village Attorney Randolph advised that the Board could establish procedures or the Village Council could amend the ordinance to require attendance. Village Attorney Randolph suggested that if the Board desired to send a letter that it urge the Village Council to get the final Boardmember in place, to establish procedures by whatever method they saw fit, to encourage attendance by the Board of Adjustment by (a) requiring all alternates to attend, (b) requiring that Boardmembers be excused from the Board if they missed more than two meetings in succession, and/or missed three meetings during any 12-month period. Boardmember Finesilver expressed his agreement with this proposal. Discussion ensued regarding holding a meeting to discuss the future of the Board. Boardmember Finesilver expressed concern that the Village Council might dissolve the Board f BOARD OF ADJUSTMENT MEETING MINUTES August 18, 1997 PAGE 10 without the Board requesting such action, when the Boardmembers felt the Board served a purpose. Village Attorney Randolph advised Chair Schauer that he could not contact other Boardmembers regarding this issue except by sending them a copy of the letter to the Village Manager. Boardmember Finesilver made a motion to authorize Chairman Schauer to write a letter along the lines described by the Village Attorney. 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. Chairman Schauer requested that Clerk of the Board Ladd provide him with a draft copy of the minutes of the meeting to aid him in preparing the letter to the Village Manager. VIII. ADJOURNMENT Soardmember 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 8:31 P.M. p BOARD OF ADJUSTMENT MEETING MINUTES August 18, 1997 PAGE 11 Respectfully submitted, Betty our Recording Secretary ATTEST: t6A1 64 +L ') Sco t D. Lad Clerk of the Board DATE APPROVED: