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HomeMy WebLinkAboutDocumentation_Regular_Tab 6A_5/8/1997 • IC A e/: VILLAGE OF TEQUESTA DEPARTMENT OF COMMUNm'DEVEL�)PN!V7 lik • • i • Post Office Box 3273 • 357 Teque5ta Drive a Tequesta, Florida 33469-0273•(407156220 . •�;h1� r U`../;/ ` ;r Fax: (407)575-i239 COM BOARD OF ADJUSTMENT PUBLIC HEARING MEETING MINUTES FEBRUARY 24, 1997 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, February 24, 1997. The meeting was called to order at 7:30 P.M. by Chairman Raymond Schauer. A roll call was taken by Betty Laur, the Recording Secretary. Boardmembers present were: Chairman Raymond Schauer, Vice Chair Alec Cameron, Susan Brennan, and Betty Coyle. Also in attendance were Scott D. Ladd, Clerk of the Board, and Village Attorney John C. Randolph. Boardmembers Donna McDonald and Gilber: Fines_lver arrived at 7 : 32 P.M. First Alternate Donna Mc=ona.d vas seated on the Board. Boardmember Wayne Shind:,:= was absent from the meeting. • II. APPROVAL OF. AGENDA Vice Chair Cameron moved that the Agenda be approved as submitted. Boardmember Brennan seconded the motion. The vote on the motion was: Raymond Schauer - for Alec Cameron - for Susan Brennan - for The motion was therefore passed and adopted and the Agenda BOARD OF ADJUSTMENT MEETING MINUTES FEBRUARY 24, 1997 PAGE 2 was approved as submitted. III. Reorganization of the Board of Adjustment 1. Appointment of Chairman Vice Chair Cameron moved that Raymond Schauer be reappointed as Chairman of the Board. Boardmember Coyle seconded the motion. The vote on the motion was: Raymond Schauer - for Alec Cameron - for Susan Brennan - for The motion was therefore passed and adopted. Boardmember McDonald was seated at this point in the meeting. 2. Appointment of Vice Chairman Chairman Schauer passed the gavel to Boardmember Brennan and moved that Alec Cameron be reappointed as Vice Chairman of the Board. Boardmember Brennan seconded the motion. The vote on the motion was: Raymond Schauer - for Alec Cameron for Susan Brennan - for Donna McDonald - for The motion was therefore passed and adopted. 3. Appointment of Clerk of the Board Vice Chair Cameron moved that Scott D. Ladd be reappointed as Clerk of the Board. Boardmember Coyle seconded the motion. The vote on the motion was: BOARD OF ADJUSTMENT MEETING MINUTES FEBRUARY 24 , 1997 PAGE 3 Raymond Schauer for Alec Cameron - for Susan Brennan - for Donna McDonald - for The motion was therefore passed and adopted. IV. Approval of Previous Meeting Minutes 1. Meeting of November 18, 1996 It was noted that the agenda incorrectly listed the minutes of the last meeting as June 17, 1996. Chairman Schauer requested that the words "under a hardship" be deleted from page 8, since his intent in making the motion for approval had been based on the fact that all criteria for granting a variance had been met and had nothing to do specifically with a hardship. Vice Chair Cameron moved that the Minutes be approved as amended. Boardmember Brennan seconded the motion. The vote on the motion was: Raymond Schauer - for Alec Cameron - for Susan Brennan - for Donna McDonald - for The motion was therefore passed and adopted and the Minutes were approved as amended. V. NEW BUSINESS 1. An application from Michael B. Reilly, owner of the property located at 359 Franklin Road, lot 10, Block 32, Jupiter in the. Pines Section "B" Subdivision, requesting BOARD OF ADJUSTMENT MEETING MINUTES FEBRUARY 24 , 1997 PAGE 4 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 (8) , Floor elevation above sea level, to allow the conversion of an existing carport into living area with a finish floor elevation of 7.35' (feet) above mean sea level, in lieu of 8.5' (feet) above mean sea level, as required by the Code. Clerk of the Board Ladd read aloud the applicant' s request. A) Swearing-In of Witnesses, if Required. Village Attorney Randolph conducted the swearing-in of Michael E. Reilly. 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 Michael E. Reilly explained that he wished to convert his . carport into a bedroom, and was requesting a variance because since his house had been built to meet 1968 requirements, he would need to pour the slab up to the existing level of the house. Mr. Reilly reported that other houses in the area had had similar additions and that he wanted to do this construction to add a third bedroom which would also increase the value of his home. Mr. Reilly stated that the room would be used as . a bedroom by his family, and clarified that the driveway would be in front of the house and that he would not have a carport. Boardmember McDonald commented that she had driven by the house and felt the new construction would be an improvement. BOARD OF ADJUSTMENT MEETING MINUTES FEBRUARY 24, 1997 PAGE 5 Clerk of the Board Scott D. Ladd commented that if the Board approved a variance in this case that the applicant would be required to record a general release and hold harmless agreement which would state that the Board of Adjustment at their regular meeting had approved a flood insurance variance authorizing construction and allowing floor elevation to be placed at the elevation requested in lieu of the Code requirement and requiring a hold harmless agreement not to hold the Village responsible in the event of a flood. This agreement would be recorded against the property so that it would be transferred with any sale. Mr. Ladd explained that the Village had just completed an audit by FEMA and that all variances of this type (this would be number thirteen) had been variances to the Village' s more stringent requirements rather than to FEMA requirements. No variance to date had violated FEMA requirements. The more stringent rules adopted by the Village had resulted in a 5% discount on flood insurance, and as a result of the recent audit it was expected that a 10% discount would be received. Boardmember Brennan requested a flood map be available at future meetings when these types of variances were requested. Clerk of the Board Ladd reported that a flood map overlay showing streets and addresses had been done by the Village mapper, which he would bring to all future meetings where a variance involving flood insurance was requested. D) Finding of Fact Based Upon Competent Substantial Evidence. Vice Chair Cameron made a motion to approve this application provided that a hold harmless agreement was executed because the applicant had demonstrated hardship and if the application was not approved that the applicant would have to find other living quarters to accommodate his family. Boardmember Brennan seconded the motion. Village Attorney Randolph advised that financial . hardship did not exist under the Code. Vice Chair BOARD OF ADJUSTMENT MEETING MINUTES FEBRUARY 24 , 1997 . PAGE 6 Cameron thereupon modified the motion to approve this application provided a hold harmless agreement was executed because the applicant's house was built in 1968, long before the 8-1/2 foot requirements were in effect, and therefore he believed it was a hardship to hold the applicant to the new requirements. Boardmember Brennan seconded the motion. The vote on the motion was: Raymond Schauer - for Alec Cameron - for Susan Brennan - for Donna McDonald - for The motion was therefore passed and adopted. V. UNFINISHED BUSINESS Chairman Schauer questioned whether contact had been made with Boardmembers who had not been present at the meetings in some time, as requested at the last meeting. Clerk of the Board Ladd reported no contact had been made but that he would contact the Boardmember who was not present at this meeting. VI. COMMUNICATION FROM CITIZENS There were no communications from citizens. VII . ANY OTHER MATTERS There were no other matters to come before the Board. V I I I. ADJOURNMENT Vice Chair Cameron moved that the meeting be adjourned. BOARD OF ADJUSTMENT MEETING MINUTES FEBRUARY 24, 1997 PAGE 7 Boardmember Coyle seconded the motion. The vote on the motion was: Raymond Schauer for Alec Cameron for Susan Brennan - for Donna McDonald - for The motion was therefore passed and adopted and the meeting was adjourned at 7:54 P.M. Respectfully submitted, 4z4íc Betty Laur Recording Secretary ATTEST: )fje2rej dc/1.1 Scott D. Ladd Clerk of the Board DATE APPROVED: