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HomeMy WebLinkAboutMinutes_Board of Adjustment_8/31/1981 MINUTES OF THE PUBLIC HEARING OF THE VILLAGE OF TEQUESTA ZONING BOARD OF ADJUSTMENT August 31, 1981 A public hearing was held by the Village of Tequesta i Zoning Board of Adjustment at 7:30 P.M. , Monday, August 31, 1981 in the Village Hall, 357 Tequesta Drive, Tequesta, Florida. Board members present were: Bryan, Head, Otto and Meyerowich. Wagner had advised the Assistant Clerk's Office that he would not be in attendance. Also present were C. Colbert, Assistant Clerk, S. Ladd, Building Official and John C. Randolph, Village Attorney. Head asked the Assistant Clerk to read the application from Helene Roozen, which was done. The Assistant Clerk read the notice of the public hearing and advised that it had been published in the Courier on August 16, 1981. The Assistant Clerk also advised there had been one hundred (100) letter notices sent to property owners within 500 feet of the Roozen property. The application was by Helene Roozen, owner of Lot 4, Block 35, Jupiter in the Pines, Section "D", (369 Fiesta Avenue/ 313 Daly Road) requesting a variance to the terms of the Official Zoning Ordinance of the Village of Tequesta to allow an existing fence approximately six (6) feet in height along the rear property line instead of being reduced to five (5) feet in height, the maximum allowable height in the Zoning Ordinance. Ms. Roozen was in attendance to present her application. Ms. Roozen said she believes she has a hardship due to the fact she is considered legally blind and is concerned that the children in the neighborhood will climb the five (5) foot fence and get into her pool and that she will be unable to see them. Ms. Roozen also explained that she did not know she had to have a permit to replace a fence that was in poor condition. But when she found out she needed a permit she came right away to get it, but found out the fence was illegal because of the height and that she needed to apply for a variance. Head asked Ms. Roozen how tall the previous fence was and she replied that it was four (4) feet in height. Otto asked if the new fence was well constructed or if there was a problem with the fence coming down. Ladd told the Board that the fence was constructed okay and to the code. 08-31-81 -02 The Assistant Clerk read a letter sent by Dr. and Mrs. M.F. Kostrubala, 316 Tequesta Drive and Mr. and Mrs. D. Crellin, 317 Daly Road, who are adjoining neighbors. In their letter were complaints about the height of the fence, the fence being installed wrong side out, there are no air spaces for circulation of air and the fence leans out on the north side. Ladd told the Board that the only thing wrong with the fence that would put it in violation of the building or zoning code is the height of the fence. He told the Board members that the Village does not dictate i the right side or the wrong side of a fence nor does it dictate the spaces between a fence board. He also told the Board members that the last time he inspected the fence it was properly installed. Mr. Douglas Crellin, 317 Daly Road, told the Board that even though the fence is six (6) feet high the locks on the fence can easily be reached and opened by small children. Mr. Callin said he opposed the fence. Mr. Jim Green, 320 Daly Road, said most of his objections were the same as those already stated either by letter or by Mr. Callin tonight. Mr. Green said that they would also like to help Ms. Roozen keep an eye on her pool but could not help her with a six (6) foot high fence that can not be seen over and if she could not see a child in the pool because of her handicap it would be more of a hazard to small childred because no one could see if a child were in the pool and needed help. The Board listened to all comments and Otto moved, "to deny the variance". Meyerowich seconded and vote on the motion was: Bryan -for Head -for Otto -for Meyerowich -for and therefore the motion was passed and adopted. The Assistant Clerk read the next application under consideration. It was the Harte-Pen Teq. Enterprises, LTD. application requesting a variance to the terms of the Official Zoning Ordinance to allow the sale of intoxicating beverages, beer and wine for consumption on the premises of Carol's European Kitchen located in Lighthouse Plaza at 185 Tequesta Drive (owners: Hamilton-Gerheiser, Inc.) . Section 16.6 of the Zoning Ordinance provides that all places selling intoxicating liquors, wines and beverages for consumption on the premises shall not be located within one thousand (1000) feet radius of any Church, School or Youth Center and said premises are within this radius of St. Jude's Church. There were 08-31-81 -03 twelve (12) letter notices sent to owners within 500 feet of the property. The notice had been duly advertised in the Courier on August 16, 1981. Chairman Head asked if there was a representative of the applicant here tonight. Mr. Leo Gorny told the Board that he was representing Harte-Pen Teq. Enterprises, LTD., who owned the building, but that Carol's European Kitchen was the• one requesting the variance. Mr. Bill Hamilton, Hamilton-Gerheiser, Inc. told the Board that the Gerheiser part of the company was his wife using her maiden name. Mr. Hamilton told the Board that Carol's European Kitchen was opened and operated by his wife. He told the Board the restaurant serves = salads, sandwiches and non-intoxicating beverages but would like to serve beer and wine in order to stay open and make a good profit. He gave the Board a "Petition" containing signatures requesting that Carol's European Kitchen be allowed to serve beer and wine on the premises. (see attached) Mr: Hamilton said that his wife is losing money because people stop coming once they find out they cannot have a beer or wine with their meal. Mr. Hamilton told the Board that he owns Lighthouse Lounge which is in the same plaza and he sees no reason why there should not be another business in that area selling beer and wine. He stated that most of the people attending St. Jude's come to his Lounge. Meyerowich stated that he does not feel Tequesta needs another place selling beer and wine in that area. There is also a movie theater there and after picking up one of his children from a movie one night and seeing the parking lot filled with people taking their drinks outside of the Lighthouse Lounge to their car he knows that there definitely is no need for another beer and wine licensed establishment. The China Joy Restaurant also sells liquor and is located in the same plaza.. Mr. Hamilton told the Board that people have asked them to get a beer and wine license and that they are losing money each day because they can not and if they do not get the variance they may have to close the restaurant. Mr. Hamilton said they would like to receive a variance like Stellario's Restaurant did. Stellario's is a restaurant located in Gallery Square North who did receive a variance to sell beer and wine but there were several proviso's on the variance. It was also explained that there was no entrance or exit to Stellario's that was within 1000 feet of the Church in that area. Mr. Hamilton told the Board he would go along with the same proviso's that Stellario's had. Some of the provisos plated on Stellario's were: 1. Variance to present leaseholder (non-transferable) 2. Consumption on the premises 3. Consumption only with meal 4. Automatic review if there are any complaints or problems 08-31-81 -04 5. Restriction of hours on opening and closing Board members asked how controllable the automatic review really is and how many complaints would it take before a review. The Village Attorney advised that the automatic review could be put in the provisos but that it would be diffcult in control the calling of a review by the Board. Bryan moved, "that it be approved with the same restrictions as Stellario's". The motion died due to a lack of a second. Otto told the Board she feels each application for a variance j has to be reviewed on their own individual hardship and that this was different than Stellario's. Head moved, "to deny the application for variance". Otto seconded and vote on the motion was: Meyerowich -for Otto -for Head -for Bryan -against and therefore the motion was passed and adopted and the variance was denied. The meeting was adjourned at 8:37 P.M. Cyre Colbert Assistant Clerk