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HomeMy WebLinkAboutDocumentation_Regular_Tab 5A_4/7/1993 2 A •, . .4 ._ , ri VILLAGE OF TEQUESTA A' 1",:wt� BUILDING DEPARTMENT f*".".4' � Post Office Box 3273 . 357 Tequesta Drive •elf '�.!N A Tequesta, Florida 33469-0273 • (407) 575-6220 FAX: (407) 575-6203 BOARD OF ADJUSTMENT PUBLIC HEARING MEETING MINUTES JANUARY 1 8 , 1 9 9 3 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, January 18, 1993. 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 Ray Schauer. Scott D. Ladd, Clerk of .the Board and Attorney Pam McNierney sitting in for Village Attorney, John C. Randolph were also in attendance. II. APPROVAL OF AGENDA Vice Chairman DeMott asked that Agenda Item IV, BOARD OF ADJUSTMENT REORGANIZATION, take place after all other Board business had been taken care of. Vice Chairman DeMott moved that the Agenda be approved as amended. Boardmember Northamer seconded the motion. The vote on the motion was: • William Kirkland for Edwin Nelson - for Ray Schauer - for Alfred DeMott - for Kenneth Northamer - for the motion was therefore passed and adopted and the Agenda was approved as amended. Board of Adjustment Meeting Minutes January 18, 1993 Page 2 III. APPROVAL OF PREVIOUS MEETING MINUTES (Meeting of December 21, 1992) . Vice Chairman DeMott moved to approve the December 21, 1992 Meeting Minutes as submitted. Boardmember Nelson seconded the motion. The vote on the motion was: William Kirkland - for Edwin Nelson - for Ray Schauer - for Alfred DeMott - for Kenneth Northamer - for the motion was therefore passed and adopted. - V. NEW BUSINESS There was no new business before the Board. VI. UNFINISHED BUSINESS i. Tabled from the November 16, 1992 meeting, reconsider- ation of 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 1251 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. Gordon Ripma, representative for Richard DeWitt, reiterated for the Board, the status of the application, stating that it was tabled at the last meeting of the Board of Adjustment in order to allow interested parties to negotiate and come to a compromise. November 18: Mr. Ripma called Don Kern, Head of DNR, to determine criteria for meeting with him without formal Board of Adjustment Meeting Minutes January 18, 1993 Page 3 application. Mr. Kern suggested a re-filing of the application. A package was prepared and delivered to Scott Ladd, Department of Community Development, Tequesta; sealed surveys were obtained; discussions with Carolyn Hanes, DER, took place. Jim Cates was kept abreast of all of the foregoing activities. Chairman Kirkland explained that this original application was for a 150.' dock with a 40' T which was denied. Re-application was made for 138' , negotiated to 125' , but the Board of Adjustment approved only a 108 ' dock with a 20' T at the end, which applicant felt was unacceptable. Three sounding/surveys have been done: one by DNR, one by Lindahl Browning who was hired by local neighbors, and one by Marine Construction which was done for applicant. All three sounding/surveys, done at 125 feet, came within six-tenths of an inch of each other. Mr. Ripma stated that if the grace of the State could be won, applicant would agree to 108 ' dock. Larry Shaw, Marine Construction, explained how measurements are taken, i.e. , which is not an actual measurement of the depth of the water but a measurement of the elevation of the river floor. Several neighbors (Debra Namath, Tim Basquill, Dan Freeman, Michael Dyer, Jim Ryan, June and Michael Leonard, Mark Hermann, Janet Rosmarin, Jim Cates, Jim Rooney, Ross Dudley) in opposition of the application were in attendance. Jim Cates stated that for some 36 months a dock permit has been the quest of Mr. DeWitt. Docks which surround the property in question are 75' with 20' terminals extending eastward. Mr. Cates felt a larger dock would create more boating activity with larger boats and be destructive to the environment. Mr. Cates, as representative of the above-named homeowners in opposition, requested that the application be granted. allowing a 75' length with a 20' eastward terminal, but would be supportive if the Village granted a 108 ' dock with a 20' terminal eastward, as long as the dock was positioned parallel to the Cates' dock and perpendicular to the DeWitt seawall. Mr. Cates displayed plans showing the shoreline, homes, and dock positions, as well as proposed positions of the dock of the above-referenced application. The opposing neighbors did their own survey while waiting for the results on the professional survey. Their own survey consisted of putting PVC pipes in the water at 25' increments from the bulkhead out into the water, marking each checking the depth of water. Board of Adjustment Meeting Minutes January 18, 1993 Page 4 Mr. DeWitt, displeased, voiced unpleasantries, demanding that the pipes be removed or a bill of $250 would be charged. Two days later someone removed the pipes and placed them on the Cates' dock. One 44" long pipe located at the 100 ' marker was not removed since it was covered by water and not obvious. Mr. Cates stated that he felt any hardship Mr. DeWitt feels he is experiencing is self-imposed since he subdivided the 2.2 acres. The 2 .2 acres had more than enough property to construct a dock, but with the self-imposed restriction, it would appear that there is not a real hardship displayed. A letter opposing the application, from a neighbor (Jack Eldon, 16 Yacht Club Place) who could not be in attendance at this Hearing, was read into the Record. The objection was to the excess size of the dock. Mr., Dyer of 216 W. Riverside Drive read into the Record a letter of objection he had written, with similar objections. For clarity, Scott Ladd read the Village Ordinance, Section B, under Dock and Pier Length Configuration, which determines the allowed length of a dock. Don Kern, of the DNR, observed the diagrams presented by the opposing neighbors as a suggestion to what was acceptable with them. Mr. Kern's comments were that he would approach the DNR for reduction of dock length from 125' to 108 ' , restricting vessel draft, and realignment, pivoting the dock to the left, with a 20' terminal, but could not make any guarantees. Debra Namath stated that when she and her husband purchased their home, one of the greatest selling points was the view of the River, which has, since their purchase, been impaired on the east side by the new dock which has been constructed, and a 'tanker' docked at the end; the view is now, once again, threatened by the above-referenced application, intended to • service three houses, which should be qualified as a 'bridge' rather than a dock. Her plea to the Board was, who is responsible for protecting her rights. Attorney McNierney, reminding. the Board of what their responsibility is, read into the Record the criteria stated in the Ordinance, to clarify the basis for a decision by the Board. Attorney McNierney also pointed out that any motion made to approve a dock must state that a Deed Restriction is required which states this dock will only be used as an accessory use for the particular property on which it is located. This would prevent the dock from being leased for dock space for any other property. Also, any motion to J Board of Adjustment Meeting Minutes January 18, 1993 Page 5 approve should be subject to obtaining a variance on the second lot. It was Mr. Kate's suggestion to the Board, that if the Board restricted the draft of the boat from 24" to 22" , the issue would be resolved. Vice Chairman DeMott moved that the Board: o approve a 108 ' dock, at a revised angle, with a 23 ' T; o subject to a variance on the second lot; o subject to a Deed Restriction stating that this dock will only be used as an accessory use for the particular property on which it is located; and o that the Board be notified, through another meeting, of any changes that are made after tonight's meeting. There was no second to the motion. Attorney McNierney pointed out that the variance at 108 ' has already been approved and that issues which remain are the issues with the agencies involved since these agencies would not approve the 108 feet. The only need for a motion would be the need to continue the application, based on further studies by the DNR to review a re-alignment, doing their best to see how much shorter they can make the dock. Boardmember Schauer moved to continue the application, pending evaluation of further data, to February 22, 1993. Boardmember Nelson seconded the motion. The vote on the motion was: William Kirkland for Edwin Nelson - for Ray Schauer - for Alfred DeMott - for Kenneth Northamer - for the motion was therefore passed and adopted. Board of Adjustment Meeting Minutes January 18, 1993 Page 6 IV. BOARD OF ADJUSTMENT REORGANIZATION 1. Appointment. of Chairman: Vice Chairman DeMott moved to nominate Ken Northamer as Chairman of the Board of Adjustment. Boardmember Kirkland seconded the motion. The vote on the motion was: William Kirkland - for Edwin Nelson - for Ray Schauer - for Alfred DeMott - for Kenneth Northamer - for the motion was therefore passed and adopted. 2. Appointment of Vice Chairman: Boardmember Nelson moved to nominate Alfred DeMott as Vice Chairman of the Board of Adjustment. Boardmember Kirkland seconded the motion. The vote on the motion was: William Kirkland for Edwin Nelson - for Ray Schauer - for Alfred DeMott - for Kenneth Northamer - for the motion was therefore passed and adopted. 3. Appointment of Clerk of the Board: Boardmember Kirkland moved to nominate Scott Ladd as Clerk of the Board of Adjustment. Vice Chairman DeMott seconded the motion. The vote on the motion was: William Kirkland - for Edwin Nelson - for Ray Schauer - for Alfred DeMott - for Kenneth Northamer - for the motion was therefore passed and adopted. Board of Adjustment Meeting Minutes January 18, 1993 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 10:30 p.m. Respectfully submitted, Fran Bitters • Recording Secretary DATE APPROVED: Attest: hitt 0, A.dd Scott D. Ladd Clerk of the Board