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HomeMy WebLinkAboutDocumentation_Regular_Tab 5B_3/14/1991 1 VILLAGE OF TEQUESTA • - ;•i� BUILDING DEPARTMENT _ . 7 Post Office Box 3273 • 357 Tequesta Drive v.;I` � Tequesta. Florida 33469-0273 • (407) 575-6220 lei ,';�, FAX: (407) 575-6203 ZONING BOARD OF ADJUSTMENT PUBLIC HEARING M IN U T E S JANUARY 2 1 , 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, January 21, 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, and newly appointed Robert Friemark. Alfred DeMott and James Van Wagner were not in attendance. Also present were: Scott D. Ladd, Clerk of the Board and Attorney Pam McNierney who sat in for 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, December 17, 1990) . Boardmember Turner moved to approve the above-referenced Minutes as submitted. Boardmember Northamer seconded the motion. The vote was: John Turner - for Robert Friemark - for Ken Northamer - for William Kirkland - for the motion was therefore passed and adopted. Zoning Board of Adjustment Meeting Minutes January 21, 1991 Page 2 IV. ZONING BOARD OF ADJUSTMENT REORGANIZATION Boardmember Turner moved that the reorganization of the Board of Adjustment be tabled until the next meeting, since there were only four members of the Board in attendance at tonight's meeting. Boardmember Northamer seconded the motion. The vote was: John Turner - for Robert Friemark - for Ken Northamer - for William Kirkland - for the motion was therefore passed and adopted. V. NEW BUSINESS A. The application of Adele Schlusemeyer, owner of Lot 75, Tequesta Subdivision, located at 295 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 (3) , to allow the construction of a 28' (foot) dock extension with a 6' x 10' terminal "L" to an existing 47' (foot) dock located 17 ' from the side property line, in lieu of no dock or pier being located less than 25' (feet) from the waterward extension of the property line of any adjoining riparian property owner, as required by the Zoning Ordinance. Adele Schlusemeyer explained her initial plan was to replace the top of the existing dock. She was told by her engineer that the concrete pilings were beginning to split and should be and it would be best to do the pilings as well. Ms. Schlusemeyer concurred. The Village of Tequesta required that she moved her dock 8 feet to meet the Village Code of 25 feet from the property line. The request for variance is because of the financial hardship this would entail, since there is an existing retaining wall and concrete steps that would also have to be adjusted. Zoning Board of Adjustment Meeting Minutes January 21, 1991 Page 3 Ms. Schlusemeyer's immediate neighbors were in attendance and stated they had no objection to the request for variance. Boardmember Turner moved that the request for variance be approved as submitted. Boardmember Northamer seconded the motion. The vote was: John Turner - for Robert Priemark - for Ken Northamer - for William Kirkland - for the motion was therefore passed and adopted. B. 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. Scott Ladd, Clerk of the Board, explained that the right-of- way to the project has been deeded to the Village and that it is 30' at the entrance way, changing to 60' past the entrance way. The entrance way received a variance from Council at the presentation of Subdivision Platting and Review. Mr. Ladd pointed out this would not be a gated community since it has a dedicated road right-of-way. He also stated there are four letters of support in the file from Vera Hackett, President and Director of Riveredge HOA, Guy Held representing the Tequesta Country Club, Curtis & Carol Addison, neighbors to the south, and the Village Manager of Tequesta. Zoning Board of Adjustment Meeting Minutes January 21, 1991 Page 4 Scott Ladd stated that Staff's recommendation is that the Board only approve the wall in the manner in which Similar constructions in the road right-of-way have been approved previously: i.e. , with a list of four provisos as in previous similar cases. Bill Hyland, representative for applicant, reviewed the application. Boardmember asked Mr. Hyland to explain the retainer wall in detail since the sketch appeared vague. Mr. Hyland did so. Mr. Hyland stated the hardship involves the 30' entrance way which is required to be 60 ' ; the hardship is that the present Village Code requiring a 60' right-of-way was changed years after the property was divided into a 30 ' right-of-way. Dorothy Campbell, who owns two of the twelve lots in Eastwinds Landing Subdivision, disputed the application for the variance which stated the appearance and desirability . of the subdivision would be improved, which would benefit the Village since it is a thoroughfare. Ms. Campbell felt no hardship was constituted and that this issue should be before the CAB instead of the Zoning Board of Adjustment. She also felt the eventual signing over of responsibilities for maintenance and costs of the entrance way to the homeowners was unnecessary and improper, since it is not a private road. The subdivision has 12 lots, 3 of which have been sold, and Ms. Campbell felt there were not . enough homeowners presently to support or oppose the application. She felt it was taxation without representation. Boardmember Northamer moved to table the issue until the next Board meeting. Boardmember Friemark seconded the motion. The vote was: John Turner . - for Robert Friemark - for Ken Northamer - for William Kirkland , - for the motion was therefore passed and adopted. Zoning Board of Adjustment Meeting Minutes January 21, 1991 Page 5 C. The application of Edward C. Cook, owner of the Cobblestone Cafe, as agent for Dorothy Campbell; owner of Lot 7, Resub of Jupiter in the Pines, Section "B", located at 383-C Tequesta Drive, within Gallery Square North Shopping Center, requesting a change to the provisos of a previously granted 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 any church, school or youth center as required by the Zoning Ordinance. This request for change relates to provisos 2 and 3 of the variance granted April 19, 1982 and more specifically requests that the Cobblestone Cafe be allowed to serve intoxicating beverages on Sunday's from 6:00 p.m. to 9:30 p.m. Chairman Kirkland suggested, for consistency's sake, that the hour be changed to that which has been approved for similar cases previously (i.e. , 10: 00 p.m. ) . Applicant agreed. Scott Ladd stated there were three letters of support in the file from various neighboring property owners. Boardmember Turner moved that the application be approved with the allowance to serve alcoholic beverages until 10:00 p.m. Boardmember Northamer seconded the motion. The vote was: John Turner - for Robert Priemark - for Ken Northamer - for William Kirkland - for the motion was therefore passed and adopted. VI. UNFINISHED BUSINESS There was no unfinished business. Zoning Board of Adjustment Meeting Minutes January 21, 1991 Page 6 VII. ANY OTHER MATTERS There were no other matters before the Board. VII. ADJOURNMENT The meeting was adjourned at 8: 45 P.M. Respectfully submitted, Fran Bitters Recording Secretary DATE APPROVED: 2-25'- 9/ Attest: .fried-tt Q(/d Scott D. Ladd Clerk of the Board