HomeMy WebLinkAboutMinutes_Board of Adjustment_5/4/1981 MINUTES OF THE PUBLIC HEARING OF THE
VILLAGE OF TEQUESTA ZONING BOARD OF ADJUSTMENT
MAY 4, 1981
A public hearing was held by the Village of Tequesta Zoning
Board of Adjustment at 7:30 P.M. , Monday, May 4, 1981 in the Village Hall,
357 Tequesta Drive, Tequesta, Florida. Board members present were: Chairman
Head, Meyerowich and Otto. Bryan and Wagner had advised the Clerk they
would be unable to attend.
Also present were R. Harp, Clerk of the Board, John C. Randolph,
Village Attorney and A. W. Butterfield, Building Official.
The Chairman asked the Clerk to read the application and notice
of the hearing, which was done. The Clerk advised that proof of publication
was in hand for publication of the notice in the April 16, 1981 issue of the
Courier and that twenty-six (26) letter notices had been sent to property
owners within 500 feet of the subject property. The requested variance was
to the terms of the Official Zoning Ordinance of the Village of Tequesta,
Ordinance No. 211, as amended, Section 16.2 (3) (c) to allow the construction
of a "lap-type." swimming pool on Lot 1, Replat of Tequesta (3 Yacht Club
Place) with a rear yard setback of five (5) feet instead of thirteen (13)
feet.
The Clerk advised that no written or oral comments had been
received.
Mrs. Gocke was in attendance representing the applicants.
Chairman Head told the applicant that the requested variance was
quite large and asked Mrs. Gocke to explain. Mrs. Gocke advised that the
p661 was only ten (10) feet wide and would be five (5) feet from the rear lot
line due to space limitations in their rear yard. Mrs. Gocke reiterated the
need for the pool for her husband's health as stated in the letter of
application. She advised Dr. Gocke had numbness in his leg and his doctor
recommended swimming.
Otto asked if they were aware of the need for a pool when they
purchased the home and Mrs. Gocke advised they were not.
Mr. & Mrs. Charles Smith, 15 Yacht Club Place, Tequesta, were in
attendance in behalf of the applicant. Smith advised he would like to see
Dr. Gocke have the pool. He said he realized how difficult'it is to act
upon such a request since he had formerly been on a Zoning Board. He noted
the possibility of setting a precedent, but said the facts of each case should
be they determining factor. He said he was for Dr. Gocke installing the pool.
�1
p
5-4-81 - 2
Head asked Mrs. Gocke if the pool was long and narrow for the
purpose of swimming lengths and was advised it was.
Mrs. Gocke advised that the lot to the rear had an outdoor pool
in the rear yard and on the left side of the Gocke residence was the canal.
The Village Attorney advised the Board that they had to consider
hardships that pertain to the use of the land, and that medical hardship in
and of itself is not an appropriate consideration for granting a variance.
He stated the Zoning Board of Adjustment's determination is if a hardship
exists under the law, such as something unique about the property in question
in relation to other properties, medical or financial hardships are not to
be considered.
Meyerowich asked what the average lot size was in the Tequesta
Subdivision and it was determined that the subject lot did not vary greatly
from the average of 12,000 square feet. with 100 foot frontage. Mrs. Gocke
said they had very little backyard. Meyerowich suggested the possibility
that a differently designed pool might be able to be constructed, but
perhaps a portion of the existing patio might have to be given up.
Otto moved, seconded by Meyerowich that the application by
Thomas M. and I1a M. Gocke, owners of Lot 1, Replat of Tequesta (3 Yacht
Club Place) , requesting a variance to allow construction of a "lap-type"
swimming pool with a rear yard setback of five (5) feet instead of thirteen
(13) feet as required by the Zoning Ordinance, be denied. The vote on the
motion was:
Otto For
Meyerowich For
Head For
and the motion therefore passed.
Mrs. Gocke called the Board's attention to the fact that the
southwest corner of their lot was on a cul-de-sac.
Meyerowich said the lot was almost the same size as the adjacent
lot and said a boomerang shaped pool might fit into the rear yard.
Otto said each application must be considered on its own merit.
The Village Attorney again referred to uniqueness as a valid
consideration and that evidently the Board did not believe this was applicable
in this case.
5-4-81 - 3
Mrs. Gocke asked if the application could be resubmitted at a
later date and the Village Attorney advised it would be six (6) months
before another application for the same purpose could be submitted.
The public hearing was adjourned at 7:55 P.M.
Respectfully submitted,
ert Harp
Clerk of the Board
RIi:j f
t,� ....
./
K