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HomeMy WebLinkAboutDocumentation_Regular_Tab 7D_3/26/1992 r�� VILLAGE OF TEQUESTA t- 4 BUILDING DEPARTMENT • Post Office Box 3273 • 357 Tequesta Drive 4 ' Tequesta, Florida 33469-0273 • (407) 575-6220 ' y s FAX: (407) 575-6203 BOARD OF ADJUSTMENT PUBLIC HEARING MINUTES FEBRUARY 1 8 , 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 Tuesday, February 18, 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 Alfred DeMott, John Turner, Kenneth Northamer, and Robert Freimark. James Van Wagner was not in attendance. Boardmember Edwin Nelson was in attendance but did not sit on the Board. Scott D. Ladd, Clerk of the Board, and John C. Randolph, Village Attorney were also in attendance. II. APPROVAL OF AGENDA Chairman Kirkland asked that Item V. UNFINISHED BUSINESS, reconsideration of application of Richard DeWitt, be heard first on the Agenda before Item IV. NEW BUSINESS. Vice Chairman DeMott moved that the Agenda be approved as amended and that the application of Richard DeWitt be reconsidered. Boardmember Northamer seconded the motion. The vote on the motion was: Alfred DeMott - for Robert Freimark - for John Turner - for William Kirkland - for Kenneth Northamer - for the motion was therefore passed and adopted. Board of Adjustment Meeting Minutes February 18, 1992 Page 2 III. APPROVAL OF PREVIOUS MEETING MINUTES o Board of Adjustment Meeting Minutes, October 21, 1991 o Board of Adjustment Meeting Minutes, January 20, 1992 Boardmember Northamer moved to approve the above-referenced Minutes as submitted. Boardmember DeMott seconded that motion. The vote on the motion was: Alfred DeMott - for Robert Freimark - for John Turner - for William Kirkland - for Kenneth Northamer - for the motion was therefore passed and adopted. V. UNFINISHED BUSINESS A) Consideration of re-hearing, at the request of the Chairman of the Board, an application for variance that was presented at Public Hearing on January 20, 1992, said application being the application of Richard DeWitt, Gordon Ripma as agent, owner of Lot 2, Noit Gedacht Subdivision, located at 11 DeWitt Place, 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) and (7) , to allow the construction of a 4' x 1501 pier with a 4' x 401 terminal platform, 760 square feet in area, 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 ) , 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 (20 1 ) feet, and the total area of all docks and piers located on any riparian parcel not to exceed five hundred (500) square feet for each one hundred (100) linear feet of that parcel shoreline, as required by the Zoning Ordinance. Board of Adjustment Meeting Minutes February 18, 1992 - S Page 3 Scott Ladd reported that one letter regarding the above- referenced case had been received, which was from Charles F. Gireaux, 11 Yacht Club Place, stating he had no objections to the dock requested by Mr. DeWitt. Gordon Ripma summarized that at the last Board of Adjustment meeting, this application received approval for a dock 125 ' in length, 4 ' wide, with a 40' terminal, and the dock to be the same height as the existing sea wall. Surrounding property owners felt they were not properly notified; therefore, the application was placed on the Agenda, to be re- considered for hearing this evening. Mr. Ripma reported it was the position of DERM, Corps of Engineers, and DNR to allow a 138 ' dock, 5 feet above mean high water, (no less than 3 ' of water at low tide) with a 40' terminal platform, with one inch spacing between decking. Mr. Ripma felt the applicant is caught between Village approval and approval by the other regulating agencies. Mr. Ripma stated that the applicant's desire is for a 108 ' dock. Jim Katz, a concerned neighbor of the applicant, stated that the original application for 150'length was totally objectionable, as is the latest agency approval for 138 ' . He pointed out that adjacent docks do not exceed 75' . Anything longer than that would certainly cause him to lose his river view. He would not object to a 75 ' length, with a 20 ' "L" extension. Jim Ryan, a neighbor to the applicant, felt that approval for a 108 ' dock length would be acceptable to the regulatory agencies, but that the decision should belong to the Village of Tequesta. Mr. Ryan asked Boardmember Edwin Nelson if he agreed that a 150' dock would ruin Mr. Katz 's river view. Mr. Nelson answered affirmatively. Attorney Randolph reminded the Board that there are actually three variances being applied for: 1) Dock length of 150' - length allowed by Village Code - 75' ; 2) Terminus of 40' - Village Code allows 20' ; and 3) a total square footage of 760' - Village Code allows 500' . Board of Adjustment Meeting Minutes February 18, 1992 Page 4 Boardmember Northamer) moved to approve the construction of a dock length of 108 'x 4 ' wide, with a 20' terminal platform, to be no higher than the existing sea wall. Boardmember Freimark seconded the motion. The vote on the motion was: Alfred DeMott - for Robert Freimark - for John Turner - for William Kirkland - for Kenneth Northamer - for the motion was therefore passed and adopted. IV. NEW BUSINESS A. The application of Gary Van Brock, Van Brock Construction, Inc. , owner of Lot 4, Bayview Terrace Subdivision, located at 10 Bayview Court, 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, R-1A District, minimum rear yard setback, to allow the construction of a pool screen enclosure with a rear yard setback of 2' (feet) in lieu of 10' (feet) , as required by the Zoning Ordinance. Gary Van Brock requested that the Board continue this application to a time certain in order to address some of the concerns of some of the neighbors. Vice Chairman DeMott moved to • table the above application until March 16, 1992 at 7:30 p.m. Boardmember Northamer seconded the motion. The vote on the motion was: Alfred DeMott - for Robert Freimark - for John Turner - for William Kirkland - for Kenneth Northamer - for the motion was therefore passed and adopted. Board of Adjustment Meeting Minutes February 18, 1992 Page 5 J , 2 B. The application of Robin Hyde, owner of Lot 62, Tequesta Subdivision, located at 243 River Drive, 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, Paragraph (1) , to allow the construction of a 41 x 931 pier with a 61 x 201 terminal platform, in lieu of no dock or pier being constructed which extends waterward from the mean high water line or established bulkhead in excess of 751 , as required by the Zoning Ordinance. Gene Wehage was in attendance as agent for Robin Hyde. Boardmember Northamer questioned the height of the dock. Mr. Wehage explained that some spring tides, which are two feet above normal tides, get up to the bottom stringers. A" four foot dock height would avoid that. Boardmember Turner moved to approve the application as submitted. Vice Chairman ' DeMott seconded the motion. The vote on the motion was: Alfred DeMott. - for Robert Freimark - for John Turner - for William Kirkland - for Kenneth Northamer - for the motion was therefore passed and adopted. C. The application of Arthur Brouillette, owner of Lot 4, Key West Village Subdivision, located at 112 Intracoastal Circle, 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 (3) and (6) , to allow the construction of a 41 x 281 access pier with a 61 x 301 terminal ""L"", with a 91 side setback from the southerly property line, in lieu of no dock or pier being located less than 251 from the waterward extension of the property line of any adjoining riparian property owner and no terminal "Ln being longer than 201 in length, as required by the Zoning Ordinance. • Board of Adjustment Meeting Minutes February 18, 1992 Page 6 Gene Wehage, was in attendance as agent for applicant. Scott Ladd explained that applicant is trying to utilize a channel which is in Palm Beach County unincorporated. The Village limits abut the edge of the proposed fishing pier. Mr. Wehage pointed out that this would be a marginal dock where the man- made canal would come into play. Vice Chairman DeMott moved to approve the application as submitted. Boardmember Turner seconded the motion. The vote on the motion was: Alfred DeMott - for Robert Freimark - for John Turner - for William Kirkland - for Kenneth Northamer - for the motion was therefore passed and adopted. D. The application of William R. Elliott, owner of Lot 5, Key West Village Subdivision, located at 116 Intracoastal Circle, 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) and (3) , to allow the construction of a 4' x 124' pier, with a 15' side setback from the northerly property line, in lieu of no dock or pier being in excess of 75' in length nor located less than 25' from the waterward extension of the property line of any adjoining riparian property owner, as required by the Zoning Ordinance. William Elliott explained that the variance was needed since mangroves in front of the area posed an environmental problem, leaving only a window through which to place the dock. Also the mooring area at 28 ' is only 4 ' at low tide. Board of Adjustment Meeting Minutes February 18, 1992 Page 7 Boardmember Northamer moved to approve the application as submitted. Vice Chairman DeMott seconded the motion. The vote on the motion was: Alfred DeMott - for Robert Freimark - for John Turner - for William Kirkland - for Kenneth Northamer - for the motion was therefore passed and adopted. VI. ANY OTHER MATTERS There were no other matters before the Board. VII. ADJOURNMENT There being no other matters before the Board, the meeting was adjourned at 8:55 p.m. Respectfully submitted, Fran Bitters Recording Secretary DATE APPROVED: 3 • -/(p-q 2 Attest: JeA c. Hoc& Scott D. Ladd Clerk of the Board