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HomeMy WebLinkAboutDocumentation_Regular_Tab 13D_4/13/2000 F re, 011,4, 4, VILLAGE OF TEQUESTA e, DEPARTMENT OF COMMUNITY DEVELOPMENT •fi '''4 r. 1 ' o Post Office Box 3273 • 357 Tequesta Drive � Tequesta, Florida 33469-0273 • (561) 575-6220 11a Fax: (561) 575-6239 h 0 BOARD OF ADJUSTMENT PUBLIC HEARING MEETING MINUTES FEBRUARY 28, 2000 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 28, 2000 . The meeting was called to order at 7 : 30 P.M. by Vice Chair Kevin Kinnebrew. A roll call was taken. Boardmembers present were: Vice Chair Kevin Kinnebrew, Jon Newman, Steve Pullon, David Owens, and James Humpage . Also in attendance was Scott D. Ladd, Clerk of the Board, and Village Attorney John C. Randolph. II . APPROVAL OF AGENDA Boardmember Humpage moved that the Agenda be approved as submitted. Boardmember Owens seconded the motion. The vote on the motion was: Kevin Kinnebrew - for David Owens - for James Humpage - for Jon Newman - for Steve Pullon - for The motion was therefore passed and adopted and the Agenda was approved as submitted. III . REORGANIZATION OF THE BOARD OF ADJUSTMENT 1 . Boardmember Humpage nominated Kevin Kinnebrew for Chairman. The vote on Kevin Kinnebrew for Chairman was: Recycled Paber BOARD OF ADJUSTMENT MEETING MINUTES February 28, 2000 PAGE 2 Kevin Kinnebrew - for David Owens - for James Humpage - for Jon Newman - for Steve Pullon - for Kevin Kinnebrew was therefore elected Chairman for the coming year. 2 . Chair Kinnebrew passed the gavel and nominated James Humpage for the position of Vice Chair. The vote on James Humpage for Vice Chair was: Kevin Kinnebrew - for David Owens - for James Humpage - for Jon Newman - for Steve Pullon - for James Humpage was therefore elected Vice Chair for the coming year. 3. Chair Kinnebrew passed the gavel and nominated Steve Pullon for the position of Clerk of the Board. It was noted that a staff person was needed to fill the position, and Scott D. Ladd stated he would be pleased to serve. Th v oteLadd for Clerk of the Board was: Kevin Kinnebrew - for David Owens - for James Humpage - for Jon Newman - for Steve Pullon - for Scott D. Ladd was therefore elected Clerk of the Board for the coming year. BOARD OF ADJUSTMENT MEETING MINUTES February 28, 2000 PAGE 3 IV. APPROVAL OF PREVIOUS MEETING MINUTES Boardmember Owens moved that the minutes for the meeting of November 29, 1999 be approved with one change, to remove the name of Jon Newman from the list of Boardmembers voting on page 7, since Mr. Newman had stepped down due to conflict of interest and did not vote. Vice Chair Humpage seconded the motion. The Village Attorney advised that minutes must note when a Boardmember stepped down, the reason for stepping down, and not show the Boardmember as voting. The vote on the motion was: Kevin Kinnebrew - for David Owens - for James Humpage - for Jon Newman - for Steve Pullon - for The motion was therefore passed and adopted and the minutes were approved as amended. IV. NEW BUSINESS 1 . An application from Elizabeth M. Gansburg, owner of the property located at 510 N. Dover Road, Lot 4 , Block 16, Jupiter in the Pines Sec. B Subdivision, requesting a variance to the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, SectionrX;Supplementa1Regulations Subsection (A) , General Provisions, Paragraph (8) , Floor elevation above sea level, to allow the enclosure of an existing garage into living area with a finish floor elevation of 7 . 60 ' (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. A) Swearing-In of Witnesses, if Required. Clerk of the Board Scott D. Ladd swore in those wishing to speak. BOARD OF ADJUSTMENT MEETING MINUTES February 28, 2000 PAGE 4 B) Disclosure of Ex-Parte Communications. A poll of the Board revealed the following exparte communications : Boardmember Pullon had visited the site but had no communication; Boardmember Pullon had visited the site and had asked permission to look at the site; Vice Chair Humpage had visited the site but had no communication. C) Testimony of Witnesses and Cross Examination, if any. Elizabeth M. Gansburg presented the request and explained that she wanted to turn the laundry room into a bathroom and the garage into a bedroom for her grandmother, who had just moved in. Ms . Gansburg explained that if the floor level was raised to meet Village code the ceiling would be too low. Ms . Gansburg stated the house was 21" above the crown of the road. Chair Kinnebrew questioned Clerk of the Board Scott D. Ladd regarding whether there were any differences with this application than previous similar applications where the approvals had been conditioned upon the applicant granting a hold harmless agreement to the Village. Mr. Ladd responded that this application was no different from those approved in the past and that the request was not a violation of FEMA regulations, but was a request for variance from the more stringent Village regulations . Mr. Ladd explained that by having more stringent_re_gulations than FEMA, the Village had been able to obtain flood insurance discounts for their residents, and that the current discount was 10% but was about to be changed to 15% . Ms . Gansburg stated she would have no problem with possible flooding in the future and would provide the Village with a release of liability. Vice Chair Humpage stated he had no problem with the request but questioned whether a hold harmless document was given to a new owner during a title search. Clerk of the Board Ladd clarified that a BOARD OF ADJUSTMENT MEETING MINUTES February 28, 2000 PAGE 5 hold harmless agreement would be recorded and would appear on any future title search. D) Finding of Fact Based Upon Competent Substantial Evidence. Boardmember Pullon made a motion to approve the application from Elizabeth M. Gansburg as submitted because she was willing to fulfil the terms of a hold harmless agreement and to have that document recorded with the County to release the Village from liability and that she had justified her reasons for the additional living area in her home. Boardmember Owens seconded the motion. The vote on the motion was: ' Kevin Kinnebrew - for David Owens - for James Hunpage - for Jon Newman - for Steve Pullon - for The motion was therefore passed and adopted. 2. An application from Charles White, owner of the property located at 18978 Point Drive, Property Control No. 60-42- 40-36-00-003-0063, requesting a variance to the terms of the _Official Coaprehensive_ _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, Paragraphs (1) & (2) , to allow the construction of a 4 foot wide by 82 foot long access pier with a 8 foot by 20 foot long 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, and no dock or pier area shall be constructed with a maximum width in excess of six (6) feet, as required by the Code. A) Swearing-In of Witnesses, if Required. BOARD OF ADJUSTMENT MEETING MINUTES February 28, 2000 PAGE 6 Clerk of the Board Scott D. Ladd swore in those wishing to speak. B) Disclosure of Ex-Parte Communications. A poll of the Board revealed the following exparte communications : Boardmember Pullon had visited the site but had no communication; Boardmember Newman had visited the site and had asked permission to look at the site; Vice Chair Humpage had visited the site and spoke to a neighbor on the southern side of the property, William Verhoeven, who stated basically he had no problem with the length of the dock because of the water, which was a favorable conversation. C) Testimony of Witnesses and Cross Examination, if any. Gene Wehage, Dolphin Marine Construction, presented the request and explained that the reason for the proposed dock length of 90 feet was to acquire more water depth because of the draft of the boat which would be moored there . The reason for the 8-foot wide dock request was to have more room on the dock. Clerk of the Board Scott D. Ladd provided additional information to help the Board with the State' s position on riparian rights . A letter from neighbor Bill Rinehart was also distributed. Mr. wehage commented that about rive inches of water- depth would be gained by increasing the dock length from 75 to 90 feet, and every inch of water depth counted at low tide because the undercarriage of the boat displaced some depth and the DEP required a one-foot clearance between the lowest portion of the boat and the bottom, to keep from stirring up the bottom, and the boat which would be used had a 2-foot draft . Clerk of the Board Scott D. Ladd noted that in the waterway control ordinance there were two sets of criteria: the standard criteria used for any BOARD OF ADJUSTMENT MEETING MINUTES February 28, 2000 PAGE 7 variance plus a second set of criteria set forth in the waterway control ordinance to be considered for a variance of docks, etc. Riparian rights were discussed, which Mr. Ladd explained were completely controlled by the State of Florida. Mr. Ladd explained that the State sent out a biologist or field technician to visit the site to note seagrass, etc. , and also looked at the criteria for riparian rights which had been distributed to the Board. Chair Kinnebrew questioned why the dock appeared to be skewed in the drawing presented. Mr. Ladd explained he had analyzed the drawings and they did not match or meet riparian rights criteria. Mr. Ladd noted that the Board usually considered such applications from the landward side, while State personnel went out into the deepest part of the channel and took their measurements from the water to the shoreline. Mr. Ladd explained if the boundaries of lots were extended out, some would be splayed out while others would merge too quickly. In order to give everyone on the river some sort of riparian usage and the ability to have a dock the Village extended the property lines out and centered the dock no matter what the width was . Therefore, there were places with widths as small as 22 feet, which meant there were no setbacks; however those property owners were entitled to have some sort of dock. Mr. Ladd explained that the Board was not to rule on riparian rights, but to Lute on the width, length, and configuration of a - dock, and could negotiate with the owners on those issues . Mr. Wehage clarified the proposed dock could not be moved without encroaching on the setback and the existing dock was too close to the line to be rebuilt . Chair Kinnebrew questioned the 2 . 9' minimum water depth at mean low tide . Mr. Ladd questioned Mr. Wehage whether the State was saying this dock must go out 82 feet . Mr. Wehage responded that a dock could not extend out over 4 ' of water at mean low water in an aquatic preserve and required a one-foot clearance between the bottom of the river and the lowest part of the BOARD OF ADJUSTMENT MEETING MINUTES February 28, 2000 PAGE 8 boat, which was the prop or propeller. Mr. Wehage explained that in this case, the draft of the boat was at least two feet and three feet would give the owner that clearance. Mr Ladd commented that Mr. Wehage was saying the State tied this to a type of boat and its draft, and wondered what happened when a person traded their boat . Mr. Wehage clarified that in his application to the State he had reflected that this vessel would have at least a two foot draft . Mr. Wehage commented the length of the existing dock was approximately 60 feet. Vice Chair Humpage questioned whether the lift was set on the outside end of the dock because this boat had a 2-foot draft, which Mr. Wehage verified. Mr. Wehage also verified that the stern would have to be outboard of the dock and the boat could not be backed in. Mr. Pullon questioned whether there would be a boat moored on the outside of the platform, which Mr. Wehage stated was not likely. Mr. Pullon questioned whether the terminal platform could be brought in a little, but Mr. Wehage explained that the boat would stick out past the boat lift approximately 5 feet. Mr. Wehage stated the boat was 30 ' with outboard engines . Vice Chair Humpage commented that from the drawing it appeared that the lift was 8 feet in from the easterly side of the dock, putting the prop towards the end of the dock between 2 . 9' and 3' , and received clarification that if the dock was brought back to the easterly piling for the lift there would not be a one-foot minimum as required by the State. - - Steve Jacobson, the neighbor two lots north of Mr. White' s property, explained this dock did not impact him directly at this time but it could impact him in the future. Mr. Jacobson commented Mr. Rinehart' s property was for sale, directly north of the subject property. Mr. Rinehart could not be present, but his property was directly impacted since it had only 60 feet of waterfront . Mr. Jacobson reported a meeting with Mr. Nelson, who had been agreeable to changing the dock. Mr. Jacobson proposed a different configuration, and BOARD OF ADJUSTMENT MEETING MINUTES February 28, 2000 PAGE 9 expressed his opinion that notice had not been received in time to work out something, and commented if there was more time he thought the problems could be worked out between the property owner and the neighbors . Mr. Jacobson clarified Mr. Rinehart' s concern. The Village Attorney explained that the legal requirements of notice had been met by the Village. Mr. Ladd stated the notices had been sent out 17 days in advance, the legal notice in the newspaper had been 15 days in advance . Mr. Ladd stated the notices had been mailed February 11, 2000. Village Attorney Randolph clarified that Mr. Rinehart had suggested in his letter four conditions he would deem reasonable and if the Board felt those conditions were reasonable there would be no reason to defer this application. Mr. Rinehart requested more time, and asked when the next possible meeting would be to consider this application if the Board did not make a decision tonight . Mr. Ladd explained that a time certain for the next meeting would be set and the names of everyone in attendance would need to be obtained so they could be notified, and the next meeting would be March 20, 2000 . Mr. Rinehart commented this issue did not need to be decided tonight, and requested a deferral. Vice Chair Humpage questioned when Mr. Wehage had planned installation. Mr. Wehage verified that 30 days would not make a difference. Mr. Humpage suggested deferral to the next meeting since he was not comfortable voting on this issue since the Bach -hracd just received addiLional information tonight. Discussion ensued regarding when Mr. Rinehart' s house was to be demolished, etc. Peggy Verhoeven had asked to speak; however, the Village Attorney advised she might want to save her remarks to the next meeting unless she was planning to make remarks against the request to defer. Mrs . Verhoeven indicated she wished to speak tonight. Peggy Verhoeven, 18996 Point Drive, stated she was the neighbor to the south of Mr. White and had not had the notice very long. Mrs . Verhoeven had BOARD OF ADJUSTMENT MEETING MINUTES February 28, 2000 PAGE 10 obtained a map from the Department of Community Development which she commented did not show how close her boat lift would be to the propose dock. Ms . Verhoeven expressed confusion because the map did not match a drawing by Mr. Rinehart . Mr. Ladd explained that the drawing by Mr. Rinehart was not drawn to scale. Chair Kinnebrew advised Ms . Verhoeven that she should go by the map furnished by Mr. Ladd' s office. Chair Kinnebrew suggested to Mr. Wehage that some PVC pipe be used as markers to indicate the proposed dock so that the neighbors could see exactly where it was planned. Ms . Verhoeven discussed how the dock might be changed. Vice Chair Humpage made a motion to defer the application from Charles White to a time certain of the next scheduled meeting in order for the Board to obtain more information, and to give the participants more time to talk and perhaps work out their differences. Chair Kinnebrew suggested that Mr. Wehage place PVC markers to indicate the proposed dock location, and Mr. Ladd suggested that Mr. Wehage provide an aerial photograph of the area, with which Mr. Wehage concurred. Boarder Newman seconded the motion. Clerk of the Board Scott D. Ladd consulted a calendar and announced that Monday, March 20, 2000 at 7:30 would be the date of the next meeting. Chair Kinnebrew indicated he believed he would be out of town on that date, however, an alternate could attend. Everyone present was instructed to give their name and - address to the Recording Secretary before leaving the meeting. The vote on the motion was: Kevin Kinnebrew - for David Owens - for James Humpage - for Jon Newman - for Steve Pullon - for The motion was therefore passed and adopted. The list of those present has been attached to BOARD OF ADJUSTMENT MEETING MINUTES February 28, 2000 PAGE 11 these minutes as Exhibit No. 1 . V. UNFINISHED BUSINESS There was no unfinished business to come before the Board. VI . COMMUNICATIONS FROM CITIZENS There were no communications from citizens . VII . ANY OTHER MATTERS There were no other matters to come before the Board. VIII. ADJOURNMENT Chair Kinnebrew moved that the meeting be adjourned. Boardmember Newman seconded the motion. The vote on the motion was: Kevin Kinnebrew - for David Owens - for James Humpage - for Jon Newman - for Steve Pullon - for The motion was therefore passed and adopted and the meeting was adjourned at 8 :35 p.m. Respectfully submitted, ` " Betty Laur Recording Secretary BOARD OF ADJUSTMENT MEETING MINUTES February 28, 2000 PAGE 12 ATTEST: kNyttkib. dads( Scott D. Ladd Clerk of the Board DATE APPROVED: 3-ot0-00 BOARD OF ADJUSTMENT MEETING MINUTES February 28, 2000 PAGE 13 EXHIBIT NO. 1 NAMES AND ADDRESSES OF THOSE PRESENT AT THE FEBRUARY 28, 2000 BOARD OF ADJUSTMENT MEETING TO BE NOTIFIED OF THE MARCH 20, 2000 BOARD OF ADJUSTMENT MEETING IN ORDER TO HEAR THE DEFERRED APPLICATION FROM CHARLES WHITE: Gene Wehage, Dolphin Marine Construction, 708 Commerce Way West, Jupiter, Florida 33458 Peggy Verhoeven, 18996 Point Drive, Tequesta, Florida Steve Jacobson, 19000 Point Drive, Tequesta, Florida Wade Griest, 494 Dover Road, Tequesta, Florida