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HomeMy WebLinkAboutDocumentation_Regular_Tab 6A_3/6/1997 VILLAGE OF TEQUESTA DEPARTMENT OF COMMUNITY DEVELOPMENT • a I'ost Office Box 3273 • 357 Tequesta Drive r Tequesta, Florida 33469-0273. 407)575 6220 •� 1 '=�` Fax: (407)575-6239 •Cy COUMta BOARD OF ADJUSTMENT PUBLIC HEARING MEETING MINUTES NOVEMBER 18, 1996 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, November 18, 1996. The meeting was called to order at 7 : 36 P.M. by Chairman Raymond Schauer. A roll call was taken by Betty Laur, the Recording Secretary. Boardmembers present were: Chairman Raymond Schauer, Susan Brennan, and Gilbert Finesilver. Also in attendance were Scott D. Ladd, Clerk of the Board, and Village Attorney John C. Randolph. Vice Chair Alec Cameron arrived at 7 : 40 P.M. Boardmembers Betty Coyle, Donna • , McDonald, and Wayne Shindoll were absent from the meeting. II. APPROVAL OF AGENDA Boardmember Finesilver moved that the Agenda be approved as submitted. Boardmember Brennan seconded the motion. The vote on the motion was: Raymond Schauer - for Gilbert Finesilver - for Susan Brennan - for The motion was therefore passed and adopted and the Agenda was approved as submitted. Recycled Paper A BOARD OF ADJUSTMENT MEETING MINUTES NOVEMBER 18, 1996 PAGE 2 III. Approval of Previous Meeting Minutes 1. Meeting of June 17, 1996 Boardmember Brennan moved that the Minutes be approved as submitted. Boardmember Finesilver seconded the motion. The vote on the motion was: Raymond Schauer - for Susan Brennan - for Gilbert Finesilver for The motion was therefore passed and adopted and the Minutes were approved as submitted. IV. NEW BUSINESS village Attorney Randolph explained that at a Quasi-Judicial Hearing, notice of the hearing must be given, an opportunity must be given for evidence to be presented, and the opportunity must be afforded for cross examination. A swearing-in of witnesses was not necessary, however, was recommended in order for everyone to realize the formality of a Quasi-Judicial Hearing. Village Attorney Randolph explained that ex-parte communications (communications which a Boardmember may have had with an applicant or someone else prior to coming to the Public Hearing) must be announced at the Hearing, and Boardmembers must be able to make a decision upon material presented at the Hearing and not upon any ex-parte communication. Since only three Boardmembers were present, Attorney Randolph explained that another member had been called and was on his way, but that if anyone decided to proceed with the hearing that they should be aware that a vote of three was required for any approval; therefore, the vote would have to be unanimous in order to pass. One negative vote 4 BOARD OF ADJUSTMENT MEETING MINUTES NOVEMBER 18, 1996 PAGE 3 would defeat the application, therefore, the applicants were given an opportunity to postpone. Vice Chair Alec Cameron arrived at this point in the meeting. Clerk of the Board Scott D. Ladd read aloud the following: 1. An application from Ronald E. Barnard, owner of the property located at 11 Tradewinds Circle, Lot 3, Block 2, Country Club Point Subdivision, requesting a variance to the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, Section VII, Schedule of Regulations and Application of Regulations, Subsection (C) , Schedule of Site Requirements, R-1 Single Family Dwelling District, minimum side yard setback of 5' (feet) , in lieu of 7.5' (feet) side yard setback, as required by the Code. A) Swearing-In of Witnesses, if Required Clerk of the Board Scott D. Ladd conducted the swearing- in of all .persons who intended to speak at this Hearing, which in this case-was only the applicant, Mr. Ronald E. Barnard. B) Disclosure of Ex-Parte Communications Each Boardmember announced they had had no ex-parte communications. Boardmember Finesilver explained that he was a neighbor of this applicant and questioned whether this would cause a conflict of interest, to which Attorney Randolph responded that being a neighbor would not cause a conflict, and that a conflict of interest would exist only if the situation created private gain. C) Testimony of Witnesses and Cross Examination, If Any Ronald B. Barnard, 11 Tradewinds Circle, explained that BOARD OF ADJUSTMENT MEETING MINUTES NOVEMBER 18, 1996 PAGE 4 the application was for a screen enclosure around an existing pool and existing decking which was within five feet of the property line. Clerk of the Board Ladd stated that he had received a letter of non-objection from Tim Goldsbury, Country Club Point, President of Country Club Point Property Owners Association, which had probably been sent on behalf of the Association. D) Finding of Fact Based Upon Competent Substantial Evidence. Boardmember Brennan made a motion to approve this application because there had been no objections from neighbors, because she did not believe the structure being closer than the normal 7.5' versus 5' would produce undue hardship on any neighbors, did not believe it would be unsightly or destructive to the neighborhood, saw no reason why this variance should not be approved, and the existing concrete pad structure had apparently existed since the house was built. Boardmember Finesilver seconded the motion. The vote on the motion was: Raymond Schauer - for Alec Cameron - for Susan Brennan - for Gilbert Finesilver - for The motion was therefore passed and adopted. Clerk of the Board Scott D. Ladd read aloud the following: 2. An application from Allen Bir, owner of the property located at 51 River Drive, Lot 17, Tequesta 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 J BOARD OF ADJUSTMENT MEETING MINUTES NOVEMBER 18, 1996 PAGE 5 Length, Width and Configuration, Paragraph (1) to allow the construction of a 100' long by 4' wide access walkway with a 6' x 16' 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 (75' ) feet, as required by the Code. A) Swearing-In of Witnesses, if Required Clerk of the Board Scott D. Ladd conducted the swearing- in of all persons who intended to speak at this Hearing, which in this case was only the applicant' s representative, Mr. Jay Carpenter. B) Disclosure of Ex-Parte Communications Each Boardmember announced they had had no ex-parte communications. C) Testimony of Witnesses and Cross Examination, If Any Jay Carpenter, President of Carpenter General Contractors, explained that he was acting as Agent for the applicant, who was Indianapolis. Mr. Carpenter explained that Mr. Bir had purchased this property in 1993 and had applied for a permit for a 100 ' dock in April 1994, and at that time had been granted approval for a 90 ' dock by the Board of Adjustment. The dock had never been constructed, and the existing house had been demolished and a new house was presently under construction. Dolphin Marine Construction had taken soundings at the area where the dock would be constructed and found that at 90 feet there would be only 31 inches of water. 36 inches was normally required by DERM. There were 34 inches at 100 feet, and the present permit with DERM was for 100 feet. There were 36 inches of water at 110 feet, but the applicant was only requesting 100 feet since they already had the 100-foot DERM permit. Mr. Carpenter explained that Mr. Westoff, the neighbor to BOARD OF ADJUSTMENT MEETING MINUTES NOVEMBER 18, 1996 PAGE 6 the north, was present at this meeting and that he had constructed a 110-foot dock in 1991 . Mr. Carpenter explained that the applicant' s request was to reconsider the April 1994 vote where 90 feet had been approved and to allow a 100-foot. dock. Clerk of the Board Ladd verified that there were no communications regarding this application. Mr. Carpenter explained that in 1994 he had not been involved in the variance request application; however, the minutes of that meeting indicated that the neighbor to the south had objected. That neighbor now had a dock and had not objected at this time. Clerk of the Board Ladd verified that everyone within 300 ' had been notified. Thomas Westoff, 55 River Drive, one house to the north, explained that he had a 110-foot dock with boat lift and a "T' .,at the end of his dock, very similar to that proposed by the applicant . Boardmember Brennan read from minutes of April 18, 1994 the letter from Joseph F. and Charlene Cusano, the neighbors to the south, who had objected at that time citing blocking of their view, collecting of debris, and breeding of algae under the dock, and who had sent the letter because they were in Connecticut. Boardmember Brennan questioned whether W. and Mrs. Cusano might presently be in Connecticut and might not have received notice. Clerk of the Board Ladd explained that the notice did not come back; therefore proper notice had been given. Gene Wehage, Dolphin Marine Construction, was sworn in and testified that he personally had taken depths in August during summer low tides, and DEP wanted 36" minimum at mean low water. Mr. Carpenter explained mean low water: depending on the position of the moon that BOARD OF ADJUSTMENT MEETING MINUTES NOVEMBER 18, 1996 PAGE 7 there could be a high high or a low high tide; or a low low or a high low tide. Very large swings occur at the new moon and full moon. Actuals were averaged to obtain mean low tide and mean high tide. Bridge clearances were from mean high tide to allow for the worst conditions. Depths were taken from mean low tide to give worst conditions. Mr. Wehage explained the chart which reflected depths. W. Wehage testified that there was 34 inches depth at 100 feet. Chairman Schauer requested verification of qualifications of the party taking the depths. Thomas Westoff, 55 River Road, was sworn in by Clerk of the Board Ladd. W. Westoff testified that he was the neighbor on the north side and had been required to construct his dock at 110 feet where there was 36" depth. Mr. Westoff explained that if the applicant was required to return to DBRM they would also require him to construct at 110 feet.' Mr. Westoff demonstrated that view would be blocked more by a closer object than by an object placed farther away, and gave his opinion that a dock created structure for marine life. W. Wehage said he had seen no seagrass at that location in the river. In response to Vice Chair Cameron' s question as to why this dock was displaced fran the original dock position, it was explained that there were now setback requirements from the extended side lines of each lot. Boardmember Gilbert inquired as to any precedent regarding changing a previous action of the Board of Adjustment, to which Attorney Randolph responded that this was considered a new application because so much time had elapsed since the previous approval . D) Finding of Fact Based Upon Competent Substantial Evidence. BOARD OF ADJUSTMENT MEETING MINUTES NOVEMBER 18, 1996 PAGE 8 Chairman Schauer passed the gavel to Vice Chair Cameron. Chairman Schauer made a motion to approve the request based on the fact that it met the criteria established in the Village Ordinances for accepting variances. Village Attorney Randolph requested and received clarification from Chairman Schauer that he was saying that in his opinion the application met all the criteria for granting a variance under a hardship. Boardmember Finesilver seconded the motion. The vote on the motion was: Raymond Schauer - for Alec Cameron - for Susan Brennan - against Gilbert Finesilver - for The motion was therefore passed and adopted. V. UNFINISHED BUSINESS There was no unfinished business to come before the Board. VI. CCMBUNICATION FROM CITIZENS There were no communications from citizens. VII. ANY OTHER MATTERS Chairman Schauer requested that Clerk of the Board Ladd contact Boardmembers who had not attended the last few meetings to determine their intent regarding service on this Board. Boardmember Brennan requested that upon receipt of notification of a meeting that Boardmembers be requested to phone in their response both if they intended to attend a BOARD OF ADJUSTMENT MEETING MINUTES NOVEMBER 18 , 1996 PAGE 9 meeting or if they could not attend. VIII. ADJOURNMENT Vice Chair Cameron moved that the meeting be adjourned. Boardmember Brennan seconded the motion. The vote on the motion was: Raymond Schauer - for Alec Cameron - for Susan Brennan - for Gilbert Finesilver - for The motion was therefore passed and adopted and the meeting was adjourned at 8:10 P.M. Respectfully submitted, Betty Laur Recording Secretary ATTEST: )26.0, /,), &tali Scott D. Ladd Clerk of the Board DATE APPROVED: a-;c4-q7