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HomeMy WebLinkAboutDocumentation_Regular_Tab 8A_7/25/1996 VILLAGE OF TEQUESTA A DEPARTMENT OF COMMUNITY DEVELOPMENT . , ''• %' o Post Office Box 3273 • 357 Tequesta Drive t �� _'� ? Tequesta, Florida 33469-0273.(407)575-6220 .e.."\,,."ir ` Fax: (407)575-6239 c" cool BOARD OF ADJUSTMENT PUBLIC HEARING MEETING MINUTES APRIL 15, 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, April 15, 1996. The meeting was called to order at 7 :30 P.M. by Acting Chairman Raymond Schauer. Acting Chairman Schauer announced that Donna McDonald and Gilbert Finesilver had been appointed as Alternates to the Board. A roll call was taken by Betty Laur, the Recording Secretary. Boardmembers present were: Acting Chairman Raymond Schauer, Alec Cameron, Betty Coyle, Donna McDonald and Wayne Shindoll . Also in attendance were Scott D. Ladd, Clerk of the Board, and Attorney Tracey Biagiotti, sitting in for Village Attorney John C. Randolph. Boardmember Susan Brennan was absent from the meeting. II. APPROVAL OF AGENDA Boardmember Cameron moved that the Agenda be approved as submitted. Boardmember Shindoll seconded the motion. The vote on the motion was: Raymond Schauer - for Alec Cameron - for Betty Coyle - for Donna McDonald - for Wayne Shindoll - for Recycled Paper Board of Adjustment Meeting Minutes April 15, 1996 Page 2 The motion was therefore passed and adopted and the Agenda was approved as amended. III . REORGANIZATION OF BOARD OF ADJUSTMENT 1. Appointment of Chairman Boardmember Coyle made a motion to nominate Raymond Schauer as Chairman. Boardmember Cameron seconded the motion. The vote on the motion was: Raymond Schauer - not voiced Alec Cameron - for Betty Coyle - for Donna McDonald - for Wayne Shindoll - for The motion was therefore passed and adopted. 2. Appointment of Vice Chairman Chairman Schauer passed the gavel to Boardmember Shindoll and made a motion to nominate Alec Cameron as Vice Chairman. Boardmember Coyle seconded the motion. The vote on the motion was:. Raymond Schauer - for Alec Cameron - not voiced Betty Coyle - for Donna McDonald - for Wayne Shindoll - for The motion was therefore passed and adopted. 3. Appointment of Clerk of the Board Board of Adjustment Meeting Minutes April 15, 1996 Page 3 . Vice Chairman Cameron made a motion to appoint Scott D. Ladd as Clerk of the Board. Boardmember Coyle seconded the motion. The vote on the motion was: Raymond Schauer - for Alec Cameron - for Betty Coyle - for Donna McDonald - for Wayne Shindoll - for The motion was therefore passed and adopted. IV. APPROVAL OF PREVIOUS MEETING MINUTES (Meeting Minutes of January 22, 1996) Boardmember Shindoll moved that the Board of Adjustment Meeting Minutes of January 22, 1996 be approved as submitted. Boardmember Cameron seconded the motion. The vote on the motion was: Raymond Schauer - for Alec Cameron - for Betty Coyle - for Donna McDonald - for Wayne Shindoll - for The motion was therefore passed and adopted and the Minutes were approved as submitted. V. NEW BUSINESS 1. An application from Mitchell E. Miller, owner of the property located at 558 N. Dover Road, Lot 22, Block 16, Jupiter in the Pines Subdivision, requesting a variance to the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta Ordinance No. 355, Board of Adjustment Meeting Minutes April 15, 1996 Page 4 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 7.30' (feet) above mean sea level to match the existing residence, in lieu of 8.5, (feet) above mean sea level, as required by the Zoning Ordinance. Mitchell E. Miller explained that he and his family lived at 558 North Dover Road, and that his request was to enclose the existing carport. Mr. Miller submitted photographs of the property for the Boardmembers to view, and explained that he would not be expanding the existing building footprint or the existing roof structure. The front of the enclosure would serve as a storage area and would appear from the road to be a garage. Mr. Miller explained that if he was required to pour the slab at 8.5 feet that the ceiling height would be less than seven feet, so that the project could not be accomplished. Mr. Miller commented that neighbors to the east and west of his property had been granted variances for similar situations. Boardmember Shindoll made a motion to approve this application for variance with the proviso that a hold harmless agreement be executed by the applicant. Boardmember Coyle seconded the motion. Chairman Schauer explained that the hold harmless agreement was included in the motion as protection for the Board and the Village from future action in case of a flood or other situation. Mr. Miller stated that he had no problem with execution of a hold harmless agreement. The vote on the motion was: Raymond Schauer - for Alec Cameron - for Betty Coyle - for Donna McDonald - for Wayne Shindoll - for Board of Adjustment Meeting Minutes April 15, 1996 Page 5 • The motion was therefore passed and adopted 2 . An application from Donald Hurst, owner of the property located at 321 Fairway North, Lot 269, 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 VII, Schedule of Regulations and Application of Regulations, Subsection (C) , Schedule of Site Requirements, R-1A Single-Family Dwelling District, minimum side yard setback, to allow the conversion of an existing 6' high fenced area into an orchid room wi th a si de ya r d setback of 1.5' (feet) , in lieu of 10' (feet) setback for any accessory building or structure, as required by the Zoning Ordinance. Donald Hurst explained that he had purchased the property at 321 Fairway North in January, 1996 and planned extensive renovation. A flower room attached to the house had a roof at 96n of 2 x 4 ' s covered with fiberglass, and the wood of the side walls was rotted and falling down. Mr. Hurst had hired carpenters to replace the rotten boards, remove the existing fiberglass roof, and replace it with new slats across the top from which ' to hang orchids. Since the existing roof had intersected a window, the new roof was raised 9-1/2 inches so that it would be on top of the window. when the project was almost finished, an officer had visited and informed Mr. Hurst that the structure was in violation since a building permit had not been obtained. Mr. Hurst explained that he had not realized that renovation of an existing structure would result in a violation. Mr. Hurst stated that he immediately went to the Village to find out how to obtain a building permit, applied for a permit, and then learned that a violation existed, and applied for a variance. Mr. Hurst explained that currently extensive remodeling was being done to the Board of Adjustment Meeting Minutes April 15, 1996 Page 6 front of the house which when completed would be re- landscaped so that the appearance would be acceptable to most of the people in the area. Mr. Hurst provided photographs of the current renovation of the front of the house. Clerk of the Board Scott D. Ladd explained that the violation was the side setback, which had not been a problem for a fence, but when a roof had been added it became a violation. Fred Elsaesser, 318 Fairway North, explained that he lived diagonally across the street from the structure, and was present at the meeting with his wife and grandchildren. Mr. Elsaesser stated they had lived in Tequesta for 20 years and had had no problems with previous owners of the property in question. Mr. Elsaesser commented that the Tequesta Building Department, . Tequesta Code Enforcement, and TCCCA Architectural Review Committee had all been disregarded by Mr. Hurst. Mr. Elsaesser produced photographs which he stated showed the structure as it currently appeared, and before the structure was built, and expressed his opinion that this structure was not appropriate to the community. Mr. Elsaesser requested the Board to disapprove the variance request. Mr. Elsaesser explained the photographs further in answer to questions by Boardmembers. Clerk of the Board Ladd verified that a roofed structure was not allowed in a side setback area. Mr. Hurst responded to Boardmember McDonald that he had removed the overgrown shrubbery which had hidden the structure from view, and that the building would be painted and new landscaping would be installed. Mr. Hurst commented that the neighbor next door to his Board of Adjustment Meeting Minutes April 15, 1996 Page 7 property felt that the renovation was an improvement over what had existed. Clerk of the Board Ladd verified that the prior fiberglass roof had also been in violation, however, the structure had been hidden from view. Mr. Hurst explained that the original fence had been approved on the original plans dated June 5, 1963, which had also been approved by the Tequesta Country Club Community Association; and stated that the Tequesta Country Club Community Association had also approved the renovation plan. Mr. Elsaesser disagreed with the dates reported by Mr. Hurst as to the sequence of events that had occurred, and also commented that the people who lived next door to Mr. Hurst lived in New York City and were not often present on the site. Mr. Elsaesser stated that the prior structure had only been approximately six feet high, so that the roof had not been visible from the street . Bob Inman stated that he was a neighbor and had lived at 333 Fairway North, two doors west of the Hurst property, for seven years. Mr. Inman reported that he was well acquainted with the neighbor next door to Mr. Hurst, who was an attorney who had sold everything in New York and had been called back to New York. Mr. Inman stated that he had sponsored the attorney at the Tequesta Country Club and knew him very well . Mr. Inman stated he had asked this neighbor about this situation, and the attorney had stated that anything would be an improvement on that side of the house. Mr. Inman explained that Mr. Hurst was a very honest man who had paid a lot of money for the house, and was spending a lot of money to make it look more presentable. Mr. Inman stated that the photographs did not really reflect what was happening on the property since one was taken from the street and one was taken from behind the house. Mr. Inman requested consideration by the Board to Mr. Hurst, who he stated was trying to improve the property. Board of Adjustment Meeting Minutes April 15, 1996 Page 8 Bernadette Elsaesser commented that she had driven Charlotte Meyer, the wife of Al Meyer, who was the neighbor referred to by Mr. Inman, to the hospital two days prior to the date of the meeting because she had to have eye surgery. Mrs. Elsaesser reported that Mrs. Meyer had told her that they did not like to get in the middle of these things, and were going to put their house on the market anyway since they had to go back to Connecticut, and also that her husband had not commented on the structure since he played golf and wanted to stay friends, but that if he saw it she was not sure he would like it. Mrs. Elsaesser reported that Mrs. Meyer had asked her whether she should come to the meeting with the patch on her eye. Mrs. Elsaesser commented that no one wanted to get into fights and that was why the residents relied on the Board to settle these things. Wade Griest, 494 South Dover Road, questioned whether a similar case had come before the Board before. Chairman Schauer explained that would not be relevant since the Board of Adjustment was charged to evaluate every request on the merit of its submittal according to the criteria established in the Village Code. Chairman Schauer stressed to the other Boardmembers that past or future actions were not to be considered, only the present action according to the rules governing this Board under the Village ordinances. Mr. Griest commented that he would obtain the answer to his question elsewhere. Tom Little, 486 Dover Road, commented that this was a good example of what made the town look bad, and that this was what happened when the Village established ordinances to match deed restrictions and covenants that the homeowners association should enforce themselves, rather than making the Council and this Board look bad. Mr. Little stated he believe it was wrong to have ordinances where condominium or homeowners associations were concerned, and that this matter should be referred Board of Adjustment Meeting Minutes April 15, 1996 Page 9 back to the homeowners association. Chairman Schauer commented that construction of the structure was clearly a violation of the current ordinance and the only thing the Board needed to consider was whether it was a violation of the setback requirements, and that the fact that the structure had existed before was immaterial . Chairman Schauer requested the criteria which the Board was required to follow be read. Clerk of the Board Ladd explained that the Board should look for whether there was a hardship, whether there was another location on the site that this could be done without causing a need for a variance, and whether the site was unique in some manner which would preclude normal setbacks. Attorney Biagiotti read from the Village Code, Section 13, Appendix A, Zoning, Subsection E, Powers and Duties of the Board of Adjustment and the Village Council : 1. The Board of Adjustment and the Village Council shall have the following powers in regard to appeals and variances within their jurisdiction as defined under subsection A of this Ordinance. (b) To authorize upon appeal specific cases such variance from the terms of the Ordinance as will not be contrary to the public interest where owing to special conditions a literal enforcement of the provisions of the Ordinance will result in unnecessary hardship. The power to grant any such variance shall be limited by and contingent upon a finding by the Board or Council (1) That special conditions and Board of Adjustment Meeting Minutes April 15, 1996 Page 10 circumstances exist which are peculiar to the land, structure, or building involved, and which are not applicable to other lands, structures, or buildings in the same zoning district. (2) That the special conditions and circumstances do not result from the actions of the applicant. (3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings, or structures in the same zoning district. (4) That literal interpretation of the provisions of the Ordinance will deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary or undue hardship on the applicant. (5) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. (6) That the grant of the variance will be in harmony with the general intent and purpose of the Ordinance • and that such variance will not be injurious to the area involved or otherwise detrimental to the public • Board of Adjustment Meeting Minutes April 15, 1996 Page 11 welfare. Boardmember Cameron made a motion to deny this variance request despite the fact that it might be repairs and renovation to the property, since it had clearly been done after the fact and he did not believe it met the requirements of the Board. Boardmember Shindoll seconded the motion. The vote on the motion was: Raymond Schauer - for Alec Cameron - for Betty Coyle - for Donna McDonald - for Wayne Shindoll - for The motion was therefore passed and adopted. Mr. Hurst questioned what he could now do, to which Clerk of the Board Ladd responded that a six-foot high fence was allowed, but no roof was allowed. VI. UNFINISHED BUSINESS Boardmember Coyle questioned the status of the letter which had been proposed at the last meeting, requesting a workshop meeting with the Village Council . Clerk of the Board Ladd explained that responses from the Boardmembers had not been received back from Boardmember Brennan' s draft letter, so that a final version could be completed. Clerk of the Board Ladd was requested to distribute copies of the draft letter to the present Boardmembers so that they could respond. VII. COMMUNICATION FROM CITIZENS There were no further communications from citizens. Board of Adjustment Meeting Minutes April 15, 1996 Page 12 VIII. ANY OTHER MATTERS Clerk of the Board Scott D. Ladd reported that at a recent Village Council meeting the Village Attorney had explained a process with regard to how quasi judicial hearings should be held, and explained that the Board of Adjustment was sitting as a quasi judicial body when reviewing cases at public hearings . Mr. Ladd explained that a new agenda format recommended by the Village Attorney would be followed in the future, and that it would be a good idea for the Board of Adjustment to hold a workshop meeting in order for the Village Attorney to review the whole quasi judicial process and ex-parte communications. Chairman Schauer commented that the Boardmembers were not supposed to have their minds made up about anything until they had heard both sides of a case at a public hearing. Clerk of the Board. Ladd cautioned that Boardmembers must be careful that people did not call to solicit them before a meeting, and that if there was a discussion that it must be disclosed at the public hearing. Discussion ensued regarding when a workshop should be held. Chairman Schauer expressed his desire to hold the workshop in conjunction with another meeting at which the Village Attorney would be present, in order to reduce costs. Tom Little suggested that even though the Community Appearance Board was only an advisory Board to the Village Council, that the Village Attorney should meet with all Boards of the Village in one meeting to explain these matters, so that there would be no confusion among the members of the various Boards. Boardmember Shindoll made a motion that Village Attorney , John C. Randolph attend the next meeting of the Board of Adjustment and that prior to the meeting the Village Attorney provide quasi judicial orientation to the Board. Boardmember Coyle seconded the motion. The vote on the motion was: Raymond Schauer - for Board of Adjustment Meeting Minutes April 15, 1996 Page 13 Alec Cameron - for Betty Coyle - for Donna McDonald - for Wayne Shindoll - for The motion was therefore passed and adopted. Boardmember Cameron requested that he be seated at the west end in order to be able to hear the proceedings better. IX. ADJOURNMENT Boardmember Cameron moved that the meeting be adjourned. Boardmember Coyle seconded the motion. The vote on the motion was: Raymond Schauer - for Alec Cameron - for Betty Coyle - for Donna McDonald - for Wayne Shindoll - for The motion was therefore passed and adopted and the meeting was adjourned at 8:27 P.M. Respectfully submitted, ATTEST: *) Betty L ur cD. Ladd Recording Secretary P.ort Scott D. Ladd Clerk of the Board DATE APPROVED: