HomeMy WebLinkAboutMinutes_Board of Adjustment_10/19/1981 MINUTES OF THE PUBLIC HEARING OF THE
VILLAGE OF TEQUESTA ZONING BOARD OF ADJUSTMENT
October 19, 1981
A public hearing was held by the Village of Tequesta Zoning Board
of Adjustment at 7:30 P.M. , Monday, October 19, 1981 in the Village Hall,
357 Tequesta Drive, Tequesta, Florida. Board members present were: Head.-
Chairman, Bryan, Meyerowich and Otto. Wagner had advised the Clerk that he
would not be in attendance. Also present were R. Harp, Clerk of the Board,
John C. Randolph, Village Attorney and Scott D. Ladd, Building Official.
Head said there were three applications for variance to be
considered at the public hearing and asked the Clerk to read the notice of
the meeting, which was done. The Clerk advised proof of publication was in
hand for the publication of the notice of the hearing in the October 2, 1981
issue of the Courier and that letter notices had been sent to property owners
within 500 feet of each requested variance.
Head said the Board would consider the second and third matters in
the notice first leaving the first matter until last since most of the persons
in attendance were concerned with that matter.
The first application to be considered was that of Philip J. and
Mary S. Corr, owners of Lot 74, Tequesta Subdivision (291 River Drive) ,
Tequesta, Florida, requesting a variance to the terms of the Official Zoning
Ordinance of the Village of Tequesta, Section 8.1 - Uses Permitted, to allow
the construction of a 10' x 15' greenhouse on said lot, which is not permitted
by the Zoning Ordinance. Head asked if any comments had been received on this
application and the Clerk advised that a written "no objection" had been
received from William F. Gerhard, 288 River Drive, Tequesta. Mr. & Mrs. Corr
were in attendance to present their application.
Head asked them to advise the Board of the hardship involved in
this matter. Mrs. Corr advised she had 77 rare orchids and other plants which
she proposed to house in the proposed greenhouse. She noted the structure
would be attached to the existing house on the northwest corner (River side) ,
and would not be an objectionable structure. She further advised that the
neighbors on each side of their residence had been contacted and neither had
any objection to the greenhouse. The proposed structure is a prefabricated
package. Mr. Corr advised that the hardship was basically the fact that they
had already purchased the greenhouse at a cost of $3,000. This was done on the
basis that a previous permit for an unattached studio on the property had been
approved without any problems. The Village Attorney advised he and the
Building Official had reviewed this matter as to whether or not such a building
was a customary use with the primary residence and it was determined it was not.
He advised the Board they could review the request on the basis of hardship or
on a review of the decision of an administrative official as to the customary
use.
10-19-81 - 2
Head asked Mr. Corr why .he went ahead with the purchase of the
greenhouse and Corr advised he took for granted there would be no problem
since the studio addition had been approved. He advised they did not intend
to downgrade their property and that it would be a lovely addition to their
house. If not allowed to construct the greenhouse, they would have a $3,000
piece of merchandise that would not be of use to them. Bryan asked to see a
sketch of the house and the area where the structure would be placed. Ladd
said the greenhouse would sit by itself on an existing slab. Bryan asked if
there would be any other zoning violations and Ladd advised no. Meyerowich
questioned why the Board was having a problem with hardships since the Corrs
were trying to improve their property. It was the basic feeling of the
Board that they were considering an administrative official's decision in
this matter.
Otto said hardship would only relate to the use of the land and
she has no problem with the greenhouse. Meyerowich moved, seconded by Bryan
that the application of Philip J. and Mary S. Corr to construct a greenhouse
on Lot 74, Tequesta Subdivision (291 River Drive) be approved. The vote on
the motion was:
Meyerowich For
Bryan For
Otto For
Head For
and the motion therefore passed.
The next application for consideration was the application of
John M. Martyn, Charles P. Martyn III and Jeffrey N. Daversa, owners of the
East 86.0 feet of Parcel "A" Resubdivision of Jupiter in the Pines, Section "B"
(393 Tequesta Drive) , Tequesta, Florida, requesting a variance to the terms
of the Official Zoning Ordinance of the Village of Tequesta to allow the
construction of a 48' x 34' addition to the north side of the existing build-
ing on said property with a rear setback (west side) of five (5) feet instead
of ten (10) feet as required by the Zoning Ordinance. John M. Martyn was in
attendance representing the owners and advised the Board that the setback
requirements were different in 1972 when the present building was erected
and that the requested variance would allow the addition to conform to the
existing structure. No written comments had been received. Mr. Francois
asked for clarification of the location of the building and was advised of
same. Bryan moved, seconded by Meyerowich that the variance allowing constr-
uction of an addition to the existing building on the East 86.0 feet of
Parcel "A", Resubdivision of Jupiter in the Pines, Section "B", 393 Tequesta
Drive, be approved. The vote on the motion was:
Bryan For
Meyerowich For
Otto For
Head For
and the motion therefore passed.
10-19-81 - 3
The next application for consideration was that of Betty Bush,
owner of the West 100 feet of the South 64 feet of Tract "C", Jupiter in the
Pines, Section "B", (northeast corner Seabrook Road and Beacon Street) Tequesta,
Florida, requesting a variance to the terms of the Official Zoning Ordinance
of the Village of Tequesta to allow the construction of a Cumberland Farm
Store at said location with nine (9) 9' x 20' parking spaces instead of
fourteen (14) 10' x 20' parking spaces as required and to reduce the size
of the five (5) foot wide required planting strip on the south side of the
parking pavement in order to provide a mimimum 24' wide aisle designed and
intended for the maneuvering of an automobile into a parking space for 900
parking. Betty Bush was in attendance to present the application. She
advised she purchased the property in 1966 from William E. Schlusemeyer,
deceased, and that the zoning requirements were different then than they are
now. She stated she had received an offer in July 1981 from Cumberland Farm
Stores to purchase the property. She advised that Cumberland Farms had been
before the Village Community Appearance Board with plans for a structure and
had received approval of the Board. She stated she had recently spoken with
Cumberland Farm Stores who indicated they are willing to do anything necessary
within reason to comply with Village regulations. She noted the lot was small,
only 64' x 100' . She said the size of the building was not too important for
this type of business. Head asked if any comments on the application had been
received and the Clerk advised the only one had been the October 16, 1981
letter from Adele R. Schlusemeyer which had been sent to each Board member.
Bush said she had anticipated a problem with A. Schlusemeyer because she had
wanted to purchase the property at an original figure of $3,000 less than
Cumberland Farms offer and later reduced it by $7,000 more. Head asked if the
property is for sale now since there is a "For Sale" sign on it and Bush said
it was.
The Building Official advised there were other problems beside
parking but they were not zoning. matters. Provisions for handicapped parking
are required by State Law and must be conformed to. Bush said she was dealing
directly with the company in Massachusetts. She showed a copy of the latest
site plan she had which was evidently a little different than the one submitted
to the Building Department but still did not conform to the requirements.
Head said it seemed like there are direct violations of the terms of the Zoning
Ordinance and not just small ones. Bush advised she would like to have
Cumberland Farms revise the plans to come more into conformance with the code
and requested postponement of this hearing to a later date, if required and.
necessary.
Head advised that since the applicant had requested a postponement
that any comments would not necessarily have any bearing on the matter since a
later request might not be dealing with the same matters if the plans should
be revised. The Village Attorney explained the options for the applicant,
advising that the hearing could be postponed, resubmitted or tonight's hearing
continued and the Board make a decision and she elected a postponement if the
Board would agree.
10-19-81 - 4
Persons in attendance wanted to be heard, so the chair agreed to
hear comments after advising that they might not be germain to the application
if the application should be changed.
A. M. Fischer, 360 Church Road, asked which direction the building
would face and was advised it would face west and he said the store would make
a mess for the area.
Linwood E. Pedwick, 375 Church Road, read an October 12, 1981
petition to the Board requesting denial of the requested variances. (copy
attached to minutes) .
Frank Schuler, 375 Franklin Road asked questions about the parking;
asking if it would be an arrangement like a similar store in Jupiter; why such
a store should be in this location; and history of problems with 7-11 store
where Mole Hole is now located.
Raymond Francois, 368 Church Road asked about the hours of sale.
Head advised applicant was going'to have plan revised after review
of ordinance requirements.
There was a question from the floor on use of trucks in relation
to Village Truck Ordinance, but was advised trucks can service areas in
Village.
Head reiterated that this area is zoned for a commercial building.
A lady in the audience said if the property is not big enough,
she (Bush) should not be allowed to build on it.
Bryan stated that if the revised plan meets all zoning require-
ments, there will not be a need for a variance. Otto said the Board was not
acting upon whether or not a store could be built on the property but only on a
parking variance.
Bush again stated she was asking for the consideration of the
application to be postponed.
The audience was advised that they would be notified of any further
action in regard to variances for this property if and when such re-hearing on
new application is made.
Meyerowich moved, seconded by Otto that Betty Bush's request for
postponement of the hearing on this application be approved. The vote on the
motion was:
10-19-81 - 5
Meyerowich For
Otto For
Bryan For
Head For
The public hearing was adjourned at 8:20 p.M.
Respectfully submitted,
Robert Harp
Clerk of the Board
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