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HomeMy WebLinkAboutDocumentation_Regular_Tab 5B_4/25/1991 7�'rrI Alb" VILLAGE OF TEQUESTA BUILDING DEPARTMENT Post Office Box 3273 • 357 Tequesta Drive \0 gip; Tequesta, Florida 33469-0273 • (407) 575-6220 a.,,,,,v FAX: (407) 575-6203 ZONING BOARD OF ADJUSTMENT PUBLIC HEARING MINUTES MARCH 1 8 , 1 9 9 1 I. CALL TO ORDER AND ROLL CALL The Village of Tequesta Zoning Board of Adjustment held a regularly scheduled Public Hearing at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Monday, March 18, 1991. 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: Kenneth W. Northamer, John P. Turner, Alfred DeMott, James Van Wagner, and Chairman William Kirkland. Also present was: Scott D. Ladd, Clerk of the Board. II. APPROVAL OF AGENDA The Agenda was approved as submitted. III. APPROVAL OF PREVIOUS MEETING MINUTES (Zoning Board of Adjustment Meeting Minutes, February 25, 1991) . The above-referenced Minutes were approved as amended, with the following correction: Page 7, next to last paragraph, line 2, change "homeowners of the Country Club" to "governing board of the County Club at the golfcourse". Zoning Board of Adjustment Meeting Minutes March 18, 1991 Page 2 Boardmember Northamer moved to approve the above-referenced Minutes as amended. Boardmember DeMott seconded the motion. The vote was: John Turner - for James Van Wagner - for Ken Northamer - for William Kirkland - for Alfred DeMott - for the motion was therefore passed and adopted. IV. NEW BUSINESS 1. The application of Stephen C. Pleasants, owner of Lot 135, Tequesta Subdivision, located at 371 Country Club Drive, 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 (A) , General Provisions, Paragraph (1) (c) , to allow the placement of a stockade fence forward of the front building line, in lieu of no wall or fence being permitted to extend forward of the front building line on any lot or parcel, as required by the Zoning Ordinance. Stephen Pleasants presented his case to the Board, explaining that his desire was to erect a fence along the perimeter of his land, and needed a variance to move the fence back to avoid the 25 ' setback requirement, which would not allow him to extend the fence from the front of the house. If the variance is not granted, there will be a 35-foot space which he cannot utilize as he wishes. His intention was to remove the existing privacy fence. His plans are to erect a standard 6 x 8 stockade, such as presently exists. Mrs. Von Zaburn, 292 River Drive, located directly in back of Mr. Pleasants' property felt there had been too many requests for fences in the Country Club and objected to this one being approved so close to her property. Her position was that it would devalue her property and that it would be an ugly fence. Zoning Board of Adjustment Meeting Minutes March 18, 1991 Page 3 Pert Towne, representative for her mother who lives at 364 Fairway North, located southeast of the property under consideration, agreed that the aesthetics of the community would be in jeopardy if this application was approved, especially being located on the front property line. Boardmember Northamer asked if there are other fences in the - Country Club which are on the property line. Scott Ladd reported there are other homes in the Country Club which have fences on the property line, which is also the right-of-way. It was apparent to the Board that there was a precedent set for allowing what applicant was requesting. Mr. Ladd continued to explain that in order for Mr. Pleasants to build a fence without a variance, the new ruling requires it to be at the setback line, which is 25 feet back, which would legally include everything on his sketch plan except the little 'jog' that was shown. Boardmember Northamer explained to the objectors to the application that Mr. Pleasants could build, without a request for variance, a fence which is probably less desirable than the one he has proposed. Boardmember Northamer asked Mr. Pleasants if he had considered a hedge as opposed to a fence. He said he had, but a hedge would not restrain his dog. However, his plan is to put up a fence as well as shrubs. Boardmember Turner moved to approve the application as submitted. Boardmember Northamer seconded the motion, with the provision that landscaping would be done in the form of a living hedge, at a height at maturity equivalent to the fence. Boardmember Turner amended his motion to include , Boardmember Northamer's addition. The vote on the motion was: John Turner - for James Van Wagner - for Ken Northamer - for William Kirkland - for Alfred DeMott - for the motion was therefore passed and adopted. Zoning Board of Adjustment Meeting Minutes March 18, 1991 Page 4 L 2. The application of Tom Westhoff, owner of Lot 18, Tequesta Subdivision, located at 55 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 4 ' x 110' pier with a 3' x 20' catwalk to replace an existing 5' x 60' dock,\ in lieu of no dock or pier being constructed which extends waterward from the mean high water line in excess of seventy-five feet (75' ) , as required by the Zoning Ordinance. Scott Ladd stated he had received telephone calls today from people who wanted their, testimony read into the record: Mr. and Mrs. Pomeroy, 51 River Drive, objected to the dock length being proposed (after discussion with Mr. Westoff at tonight's meeting, Mr. and Mrs. Pomeroy withdrew their objection) ; Mrs. Henderson, 63 River Drive, also felt the proposed dock length was too long, and should be approved for no greater length than 75 feet. Tom Westhoff presented his case, stating he had purchased the above-referenced property in February 1990, after which he immediately applied for permits to build a dock. After thirteen months of pursuit by Mr. Westoff, the DNR1set the specifications for the dock size for 110 feet. Scott Ladd informed the Board that docks have been approved for 110 feet, 112 feet and 117 feet. Chairman Kirkland stated he was a bit reluctant, to go along with the mooring poles located at 40 feet off the end of the proposed pier, since they appeared to be a navigational hazard. Mrs Westoff stated those could be moved to 20 feet off the dock. He further explained that though there would be a boat lift on the side of the dock, another boat would be located between the mooring poles at the end of the dock. Chairman Kirkland suggested putting reflectors on the mooring poles. Zoning Board of Adjustment Meeting Minutes March 18, 1991 Page 5 Boardmember Northamer moved to approve the application as submitted, with the stipulations that the mooring poles would be moved to 20, feet from the end of the dock. Boardmember DeMott seconded the motion. The vote on the motion was: John Turner - for James Van Wagner - for Ken Northamer - for William Kirkland - for Alfred DeMott - for the motion was therefore passed and adopted. 3. The application of Jane S. Hunston, Esq. , as agent for Kenneth E. Nolen, owner of a parcel of property located at 341 South Old Dixie Highway, 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-3 District, minimum front yard setback, to allow the demolition of ft portion of and subsequent reconstruction of an existing structure with a front yard setback of zero feet (01 ) , in lieu of fifteen feet (151 ) , as required by the Zoning Ordinance. Additionally, requesting a variance to Section XII, Sign Regulations, Subsection (I) , Setback Requirement, Paragraph (1) , to allow the relocation of an existing free-standing sign to provide a setback from the front yard property line of zero feet (01 ) , in lieu of ten feet (101 ) as required by the Zoning Ordinance. Jane Hunston, Esquire, attorney for Kenneth E. Nolen,, Charlie Wagner, contractor, and Kenneth E. Nolen were in attendance in representation of the above-referenced case. Attorney Hunston explained that Mr. Nolen is losing 1/3 of his existing building, since the County, on April 1, will begin the widening of Old Dixie Highway and taking a portion of this property. Mr. Nolen wants to reconstruct five feet from the right-of-way line. If this application is not approved, it would not be economically feasible for Mr. Nolen to reconstruct to remain in the same location. - Scott Ladd explained there was no correspondence, either for or against, in the file regarding this application. J Zoning Board of Adjustment Meeting Minutes March 18, 1991 Page 6 Boardmember DeMott moved to approve the application as submitted. Boardmember Turner seconded the motion. The vote on the motion was: John Turner for James Van Wagner - for Ken Northamer - for William Kirkland - for Alfred DeMott - for the motion was therefore passed and adopted. V. UNFINISHED BUSINESS There was no unfinished business. VI. ANY OTHER MATTERS There were no other matters before the Board. VII. ADJOURNMENT The meeting was adjourned at 8 :30 P.M. Respectfully submitted, „j/A4/1t- %-7:v Fran Bitters Recording Secretary DATE APPROVED: 4-/ 5= 1/ Attest: ..ee0 SD. c rdd Scott D. Ladd Clerk of the Board