Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 5A_3/28/1991 A ORS VILLAGE OF TEQUESTA BUILDING DEPARTMENT Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (407) 575-6220 FAX: (407)575-6203 ZONING BOARD OF ADJUSTMENT PUBLIC HEARING MINUTES FEBRUARY 2 5 , 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, February 25, 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 were: Scott D. Ladd, Clerk of the Board and Village Attorney, John C. Randolph. II. APPROVAL OF AGENDA The Agenda was approved as submitted. III. APPROVAL OF PREVIOUS MEETING MINUTES (Zoning Board of -Adjustment Meeting Minutes, January 21, 1991) . The above-referenced Minutes were approved as amended, with the following correction: • Page 2, last paragraph, line 4, add replaced after "be" so that sentence would read: "She was told by her engineer that the concrete pilings were beginning to split and should be replaced, and it would be best to do the pilings as well." 5 • Zoning Board of Adjustment Meeting Minutes February 25, 1991 Page 2 IV. ZONING BOARD OF ADJUSTMENT REORGANIZATION A) Appointment of Chairman Boardmember Northamer moved to re-nominate William Kirkland as Chairman of the Zoning Board of Adjustment. Boardmember DeMott seconded that 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. B) Appointment of Vice Chairman Boardmember Turner moved to nominate James Van Wagner as Vice Chairman for the Zoning Board of Adjustment. Boardmember DeMott seconded that 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. C) Appointment of Clerk of the Board Boardmember DeMott moved to re-nominate Scott Ladd as Clerk of the Board for the Zoning Board of Adjustment. Boardmember Northamer seconded that 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. Zoning Board of Adjustment Meeting Minutes February 25, 1991 Page 3 V. NEW BUSINESS A. The application of Richard 8. Johnson, Jr. , of Flagler Development Realty, Inc. , as agent for Irving E. Gennet, as Trustee for Tequesta Associates, owner of County Line Plaza, 500-728 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 space Requirements, Paragraph (27) , Shopping Centers, to allow a reduction in the required number of parking spaces to 1,114 spaces in lieu of 1,227 spaces as previously allowed by a variance to the same Section granted July 18, 1989, which reduced the required parking to 1,127 spaces in lieu of 1,145 spaces as required by the Zoning Ordinance. Scott Ladd, Clerk of the Board, reported there was no correspondence in the file concerning the above-referenced matter. Since there were no representatives of Flagler Development Realty, Inc. yet present, the Board decided to continue with the Agenda Items and return to this issue later in the meeting, to give representatives a chance to arrive. B. The application of Haisfield Ent. of Florida, for Sea Turtle, Inc. , owners of the property located at 185 U.S. Highway One, North (Tequesta Shoppes) , 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 (I) , Establishments Selling Intoxicating Beverages, to allow the sale of intoxicating liquors, wines and beverages for consumption on the premises within a one thousand foot (1000' ) radius of a church, school or youth center in lieu of no sale of intoxicating liquors, wines and beverages ' for consumption on the premises within a one thousand foot (1000') radius of a church, school or youth center, as required by the Zoning Ordinance. Scott Ladd reported there were two letters from St. Jude's Church in the file on the above-referenced issue stating no objection to the approval of this application. Mr. Ladd explained this application was merely to transfer the liquor license because of change of ownership of the restaurant. Zoning Board of Adjustment Meeting Minutes February 25, 1991 Page 4 Boardmember Van Wagner moved to approve the application as submitted. 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. Dean Young, new owner of the restaurant, stated he would like the approval to serve alcohol to be extended to 12 :00 midnight, 'across the board' (implying each night of the week) . Boardmember Van Wagner amended his motion to extend the serving time of alcohol to 12:00 midnight. Boardmember Northamer 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. Zoning Board of Adjustment Meeting Minutes February 25, 1991 Page 5 V. (Re-addressed) A. The application of Richard S. Johnson, Jr. , of Flagler Development Realty, Inc. , as agent for Irving E. Gennet, as Trustee for Tequesta Associates, owner of County Line Plaza, 500-728 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 space Requirements, Paragraph (27) , Shopping Centers, to allow a reduction in the required number - of parking spaces to 1,114 spaces in lieu of 1,227 spaces as previously allowed by a variance to the same Section granted July 18, 1989, which reduced the required parking to 1,127 spaces in lieu of 1,145 spaces as required by the Zoning Ordinance. Richard Johnson, representative for Flagler Development Realty, Inc. explained that tonight ' s application is a request for variance for an allowance of using 13 parking spaces to be used for four dumpster enclosures. When this area was constructed, there were not enough locations installed for dumpsters. The owner of the center has been cited by the Village of Tequesta for non-compliance for having the dumpsters unscreened. Scott Ladd explained there was a letter in the file from Nichols Sanitation agreeing to service said dumpsters, agreeing with the new locations, and supporting the application. Boardmember DeMott moved to approve the above-reference application for variance. Boardmember Turner 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. Zoning Board of Adjustment Meeting Minutes February 25, 1991 Page 6 VI. UNFINISHED BUSINESS A. The application of Robert A. Schaeffer, Esq. as agent for Riveredge Development Corporation, owner of a parcel of land that is a recorded plat of twelve (12) lots known and recorded as Eastwinds Landing Subdivision, requesting a variance to the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, Section XII, Sign Regulations, Subsection (M) , Subdivision and Development Signs, Paragraph (2) , Permanent Entrance Signs on Walls, to allow the construction of CBS walls with subdivision signs located at the entrance into Eastwinds Landing and within the Village of Tequesta public road right-of-way, in lieu of permanent entrance signs on walls being located so as to provide a ten foot (10 ' ) minimum setback from the road right-of-way line, as required by the Zoning Ordinance. Bill Hyland, as representative of the applicant, explained again the application before ,the Board, which was a request for variance to allow the construction of walls with subdivision signs located in the road right-of-way so as not to provide the minimum ten (10' ) foot setback for said walls as required by the Zoning Ordinance. Mr. Hyland displayed and explained in detail the drafted design of the proposed entranceway. Chairman Kirkland asked Attorney Randolph if the Developer was responsible for insurance and liability of the proposed wall at the entranceway. Attorney Randolph responded it would not be unusual for the Board to require a Statement from the Developer stating the Developer's responsibility for the wall, indemnifying the Village against any liability that might exist. Mike Rhodes, who is building a home in Eastwinds Landing, stated that he and his wife are in support of the plans outlined this evening by Mr. Hyland. He further stated that any enhancement to the entranceway will enhance the subdivision, and that the area in question is a cul-de-sac, not a thoroughfare, and therefore should present no concern for mishaps. Boning Board of Adjustment Meeting Minutes February 25, 1991 Page 7 Attorney Randolph reminded the Board that what they will be voting on tonight is not the landscaping at the entranceway but that provision of the Zoning Code which provides that there shall be a 10 foot setback from the right-of-way and whether to waive that provision. Dorothy Campbell, owner of two of the twelve lots at Eastwinds Landing Subdivision, explained that when she purchased her lots, plans werelaid for the entranceway which were plain, and not ostentatious. Now it appears to her that the entranceway is planned to be more ' flashy' and less elegant. She also complained that encroaching on the easement was much resented by her, since her earlier request to put a park bench in a right-of,-way was refused. Ms. Campbell also felt the homeowners of the subdivision would be bearing the financial brunt of liability, for the entranceway. She stated if the request for variance is approved, it would create a hardship for her. Guy Held, representative for the Tequesta Country Club, stated that the homeowners of the Country Club approve of the planned entranceway for Eastwinds, since they felt it would enhance the-beauty of that area. They would like to see the Board approve the plans. Curtis Addison, owner of a lot at the corner of Country Club Circle and Country Club Drive, stated that he and his wife approve of the proposed plans for the entranceway and see it as an enhancement. The entranceway is now 'plain vanilla' and not attractive, and the new plans, with the planned wall and its landscaping, will be a tremendous improvement. Zoning Board of Adjustment Meeting Minutes February 25, 1991 Page 8 Boardmember Turner moved to approve the above-referenced application for variance allowing the construction of CBS walls with subdivision signs located at the entrance into Eastwinds Landing and within the Village of Tequesta public road right-of-way, in lieu of permanent entrance signs on walls being located so as to provide a ten foot (10 ' ) minimum setback from the road right-of-way line, with the stipulation of the proper legal customary provisos. Boardmember Van Wagner 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. Chairman Kirkland stated he would like to point out that this approval is with the understanding that there will be no gates and no call boxes at the entranceway. Attorney Randolph stated he was not sure that one person can ask that something specific be stipulated in the Minutes, but rather would have to be something that the Board voted on. Scott Ladd clarified that since gates are allowed only on private streets, it would take a Zoning text amendment change to the Zoning Code, with a Public Hearing, an Ordinance created, advertisement, property owners notified, and the Village Council would have to act upon it, to create a situation where a private street could be allowed where a public one exists. Private streets are currently not allowed in the Village under the Subdivision Code. VII. ANY OTHER MATTERS There were no other matters before the Board. . I 0 Zoning Board of Adjustment Meeting Minutes February 25, 1991 Page 9 VII. ADJOURNMENT The meeting was adjourned at 8:30 P.M. Respectfully submitted, Fran Bitters Recording Secretary DATE APPROVED: 3-/&-9/ Attest: - Scott D. Ladd Clerk of the Board