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HomeMy WebLinkAboutDocumentation_Regular_Tab 5A_1/14/1993 J . . VILLAGE OF TEQUESTA BUILDING DEPARTMENT fr.? Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (407) 575-6220 FAX: (407) 575-6203 • BOARD OF ADJUSTMENT PUB L I C HEARING MEETING MINUTES NOVEMBER 1 6 , 1 9 9 2 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, November 16, 1992 . The .meeting was called to order at 7:30 P.M. by Chairman William Kirkland. A roll call was taken by Fran Bitters, the Recording Secretary. Boardmembers present were: Chairman William Kirkland, Vice Chairman DeMott, Edwin Nelson, Kenneth Northamer and Robert Friemark. Scott D. Ladd, Clerk of the Board and Village Attorney, John C. Randolph were also in attendance. II. APPROVAL OF AGENDA The Agenda was approved as submitted. III. APPROVAL OF PREVIOUS MEETING MINUTES (Meeting of October 19,' 1992) . Vice Chairman DeMott moved to approve the October 19, 1992 Meeting Minutes as submitted. Boardmember Nelson seconded the motion. The vote on the motion was: William Kirkland - for Edwin Nelson - for Robert Friemark - for Alfred DeMott - for Kenneth Northamer for the motion was therefore passed and adopted. in Board of Adjustment Meeting Minutes November 1*, 1992 Page 2 IV. NEW BUSINESS A. The application of Robert L. Canterbury, Lindahi Browning, Ferrari & Hellstrom, as agent for NCNB National Bank, owner of property located at 722 O.S. Highway One, North, County Line Plaza Land Lease No. 3, 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, C-2 District, Minimum Landscaped Open Space, to allow for 16.32% landscaped open space in lieu of 25%, as required by the Zoning Ordinance. Mr. Canterbury explained that at the current time the NCNB site is part of the County Line Plaza. As a unit together, the landscape, open space and parking requirements were met. However, NCNB has an Option to Purchase from the current Plaza owner. To complete the purchase, NCNB would need to separate themselves from the Plaza. Once that is achieved, the bank site itself, occupying a smaller percentage of space, would leave the present landscaping in excess of the requirements. The extraction requires two variance requests. Before proceeding, those variances need to be approved. Scott Ladd reported that more than ample parking now exists for this site, but needs to be specifically assigned to NCNB. Boardmember Nelson moved to approve the above-referenced variance request as submitted. Boardmember Northamer seconded the motion. The vote on the motion was: William Kirkland - for Edwin Nelson - for Robert Friemark - for Alfred DeMott - for Kenneth Northamer - for the motion was therefore passed and adopted. Board of Adjustment Meeting Minutes November 1*, 1992 Page 3 B. The application of Robert L. Canterbury, Lindahl Browning, Ferrari & Hellstrom, as agent for Albert Paniccia, owner of County Line Plaza, 500-722 U.S. Highway One, North, requesting a variance to the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, Section VIII, Off-Street Parking & Loading Regulations, Paragraph (29) , Shopping Centers, to allow a reduction in the required number of parking spaces to 1107 spaces in lieu of 1114 spaces as previously allowed by two variances to the same Section granted July 18,1989 and February 25, 1991 which reduced the required parking, in lieu of 1145 spaces as required by the Zoning Ordinance. Vice Chairman DeMott moved to approve the above-referenced variance request as submitted. Boardmember Friemark seconded the motion. The vote on the motion was: William Kirkland - for Edwin Nelson - for Robert Friemark - for Alfred DeMott - for Kenneth Northamer - for the motion was therefore passed and adopted. C. The application of Richard DeWitt, owner of property located at 11 DeWitt . Place, Lot 2, Noit Gedacht Subdivision, 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) & (6) , to allow the construction of a 31 x 125' dock with a 51 x 281 terminal platform, in lieu of no dock or pier being , constructed which extends waterward from the mean high water line in excess of seventy-five feet (751 ) , and all sections or areas of any dock or pier which intersect at any angle with the main portion of a dock or pier extending from the shoreline, may not exceed a total combined length of twenty feet (20' ) , as required by the Zoning Ordinance. Board of Adjustment Meeting Minutes November 104 1992 Page 4 Gordon Ripma, representative for Mr. DeWitt, gave a brief background regarding this application: o October 21, 1991: Application was tabled to January 20, 1992 to give applicant time to revise the variance request to try to find common ground between the neighbors and permitting agencies. o January 20, 1992 : Variance granted for 4 ' x 125 ' pier with 40 ' terminal platform. o January 22, 1992 : Chairman Kirkland requested a special re-hearing of -the variance application, since apparently opposing neighbors forgot about the January 20, 1992 scheduled hearing, failing to appear. o February 18, 1992: Special re-hearing. The dock was then approved at 108 ' x 4 ' , with a 20 ' terminal platform. All government agencies, except DER, would only approve 125 ' . To gain DER approval, applicant reduced the width to 3 ' , the terminal platform to 5 ' wide, 28 ' long, reducing the dock to less than 500 square feet. All government agency approvals have now been obtained. Attorney Randolph asked to clarify for the record whether this application was for Lot 1 or Lot 2. Applicant responded that the application was for Lot 2 , the lot on which the existing house sits. Larry Shaw, of Marine Construction, and agent for Mr. DeWitt, submitted to the Board several letters, regarding disallowances, between himself and , the several different governing agencies. All agencies, except the Corps of Engineers, denied the 108 ' dock, and would only allow a 125' dock. Mr. Ripma commented that he felt there was an encroachment from an existing structure regarding applicant's riparian rights, and it is believed the structure exists without proper permit. He further explained that a neighbor due west of applicant has a dock which violates the 25' riparian area. It appears that that neighbors' boat lift and the dolphin piles (one of which is in Mr. DeWitt's riparian right area) did not have a proper permit on file. Board of Adjustment Meeting Minutes. November 14', 1992 . Page 5 Applicant Dick DeWitt stated he purchased this land approximately ten years ago and has plans since that time to build his 'dream' house, showing several color pictures of the house and dock area. Now that the house is completed, it is applicant's desire to build a dock. Chairman. Kirkland asked if it was Mr. DeWitt's intention to make this dock, if it is approved, a community dock for the homeowners association. Mr. DeWitt stated he had no such intention. Jim Cates (applicant's neighbor to the west) , stated that he, at Joe Namath's request, speaks on behalf of Mr. Namath, as well as himself. Other neighbors in opposition, and in attendance at this meeting, are the Eldons; Jim Ryan; Jim Dolphin; Chris Bowman and the Ross Dudleys. Mr. Cates stated that though there is no objection to Mr. DeWitt having a dock, the basic opposition to the proposed dock is the size. A dock the size proposed by applicant impairs neighbors' views of the River. Docks in the immediate area are 75' feet in length, giving ample depth to navigate. Mr. Cates reported that he had each Board of Adjustment member individually out to his house so that each could gain a perspective from several surrounding properties, and see for himself the view impairment a dock such as that which is proposed would cause to immediate neighbors. It was Mr. Cate's position that any dock beyond 75 feet with a 20 ' L would be too obstructive. Chairman Kirkland stated it was his understanding that the applicant and neighbors were to confer, and meet with each other -before the governing agencies, to settle this issue before coming back before the Board, but that has obviously not been accomplished. Applicant has threatened court action if the application is disapproved; if approved, neighbors threaten a restraining order or a class action suit. Therefore, the Board feels they are "between a rock and a hard place. " Mr. DeWitt rebutted that he would be very happy with a 75 or 108 foot dock, but the governing agencies simply will not approve that length. Larry Shaw- stated that at the close of the last meeting regarding this application, the Board approved 108 feet. Prior to that meeting applicant applied to the agencies for 108 feet and was turned down by DNR, DER and DERM because of water depths and sea grasses. Board of Adjustment Meeting Minutes November 16„ 19,92 Page 6 Boardmember Northamer felt the sounding figures presented to the Board by DNR appear to be inaccurate. It was his position that applicant should sit down with neighbors and once again approach the agencies with 108 feet and resolve the technical ambiguities. Vice Chairman DeMott moved to table the application until January 18, 1993 at 7: 30 p.m. giving opportunity to applicant to get together with opposing neighbors and once again approach the governing agencies applying for 108 feet. Boardmember Northamer seconded the motion. The vote on the motion was: William Kirkland - for Edwin Nelson - for Robert Friemark - for Alfred DeMott - for Kenneth Northamer - for the motion was therefore passed and adopted. V. UNFINISHED BUSINESS There was no unfinished business before the Board. Board of Adjustment Meeting Mi utes November 16, 1992 Page 7 VI. ANY OTHER MATTERS There were not other matters before the Board. VII. ADJOURNMENT There being no other matters before the Board, the meeting was adjourned at 9: 15 p.m. Respectfully submitted, Fran Bitters Recording Secretary DATE APPROVED: Attest: -1/Ceie SIO Add Scott D. Ladd Clerk of the Board