HomeMy WebLinkAboutMinutes_Planning and Zoning_8/16/1979 MINUTES OF THE PUBLIC HEARING OF THE
VILLAGE OF TEQUESTA ZONING BOARD OF ADJUSTMENT
AUGUST 15, 1979
A public hearing was held by the Village of Tequesta Zoning
Board of Adjustment at 7:30 P.M. , Wednesday, August 15, 1979 in the
Village Hall, 357 Tequesta Drive, Tequesta, Florida. Board members
present were: Head, Anderson and Wagner. Also present were Robert
Harp, Clerk of the Board and A. W. Butterfield, Building Official.
Head read the notice of the public hearing to be held to
consider the application of Rudolph W. and Virginia R. Schneider, owners
of Lot 58, Tequesta Pines Subdivision (11 Pine Hill Trail East) , Tequesta,
Florida, requesting a variance to the terms of the Official Zoning
Ordinance of the Village of Tequesta, Ordinance No. 211, as amended,
Section 9.5 (2) to construct a screen enclosure around the existing
pool and patio area which would make the lot coverage 420 square feet
over the maximum lot coverage as allowed by the Zoning Ordinance.
The Clerk advised that notice of the hearing had been published in the
July 26, 1979 issue of the Courier and proof of publication had been
received. Letters advising of the public hearing were sent to seventy-
one (71) property owners.
Robert D. Haag, Charter Pools, Inc. advised he was representing
the owners as they were out of town. He said the owners desired the screen
enclosure for safety reasons and to prevent liability which the owners
had been exposed to in a previous location. He read the July 18, 1979
letter from the owners indicating their reasons for the application. He
agrees the Building Permit stated "Open Pool Only". Willa Miller, sister
of the owner stated they were not aware of the lot coverage requirements
when they decided to build the pool. The pool is presently protected by
the required fence.
Linda Otto, Lot 59, Tequesta Pines, said she supports the appli-
cation as she has small children and believes it would be a safety factor.
A letter from Larry and Bette Bogard, Lot 60, Tequesta Pines, supporting
the application was read.
David Finnerty, Lot 202, Tequesta Pines, asked how much lot
would be covered if the enclosure should be allowed and it was determined
to be 42% instead of 37%.
Haag said the enclosure would not violate the minimum set backs
and would not protrude beyond the sides of the house. Finnerty asked if
there was a drawing showing the lot with the house and pool and the Board
and others looked at same.
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Anderson said she was concerned with setting a precedent since
most of the Tequesta Pines lots are of similar size. Wagner said each
application has to stand on its own merit.
Haag reiterated the owners concern about liability since they
were away quite often during each year.
Butterfield said this could be getting into a policy matter
and perhaps should be reviewed by the Village Council for revision.
Head said special conditions and hardship have to be considered. Wagner
said there is a difference to consider between a screen enclosure and a
solid structure. Ellen Finnerty said this same request could come up
from other lot owners in the subdivision.
Willa Miller, sister, said the owners were under this impression
they could have a pool with an enclosure.
Wagner moved that the application to allow the construction of
the screen enclosure which would be 420 square feet over the maximum lot
coverage be approved. The vote on the motion was:
Wagner For
Anderson Against
Head Against
and the motion was therefore defeated.
The public hearing was adjourned at 8:20 P.M.
Respectfully submitted,
bert Harp
Clerk
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