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HomeMy WebLinkAboutMinutes_Board of Adjustment_04/19/2010 BOARD OF ADJUSTMENT PUBLIC HEARING MEETING MINUTES APRIL 19, 2010 I. CALL TO ORDER AND ROLL CALL The Village of Tequesta Board of Adjustment held a regularly scheduled Public Hearing at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida, on Monday, April 19, 2010. The meeting was called to order at 7:00 p.m. A roll call was taken by Deanna Mayo, Village Clerk's Assistant. Boardmembers present were: Chair Vi Laamanen, Steve Pullon, and John Vadala; also present were Alternates Ward Bertholf and Bernard Ward. Vice Chair Paul Brienza and Board Member Jon Newman were absent from the meeting. Also in attendance were Acting Community Development Director James Weinand, Attorney Abigail Jorandby, and Village Clerk's Assistant Deanna Mayo. II. APPROVAL OF AGENDA Board Member Ward moved that the Agenda be approved as submitted. Board Member Pullon seconded the motion. The vote on the motion was: Vi Laamanen — for Steve Pullon — for John Vadala - for Bernard Ward - for Ward Bertholf - for The motion was therefore passed by unanimous 5 -0 vote. III. APPROVAL OF PREVIOUS MEETING MINUTES Boardmember Bertholf moved that the minutes for the meeting of September 21, 2009 be approved as submitted. Board Member Pullon seconded the motion. The vote on the motion was: Vi Laamanen — for Steve Pullon — for John Vadala - for Bernard Ward - for Ward Bertholf - for The motion was therefore passed by unanimous 5 -0 vote. IV. NEW BUSINESS Board of Adjustment Meeting Minutes April 19, 2010 Page 2 V1 -10 Request for variances in order to construct an addition onto an existing single family structure: Relief from Sec. 78 -95 to allow enlargement of a non- conforming building; Sec. 78 -143 to allow a front yard of 19.78 feet where the code requires a minimum of 25 feet, and to allow lot coverage of 42% after improvements on a lot with a current lot coverage of 38% where the code allows a maximum lot coverage of 37 %, and Sec. 78 -785 to allow the proposed addition to be built with a finish floor elevation of 7.0 where the code requires the proposed addition to have a finish floor elevation of 8.5, or 18 inches above the crown of the adjacent road, whichever is more stringent. The applicant is Carl Martin. The address of the property is 339 River Drive, Tequesta, Florida, 33469. The legal description of the lot is Tequesta In PB 25 Pgs 7 to 15 incl. The property is located in Zoning District R -1A. A. Swearing -In of Witnesses Assistant to the Village Clerk Deanna Mayo swore in Kurt Larsen, Linda Martin, and Carl Martin. B. Disclosure of Ex -Parte Communications Board Member Pullon and Board Member Vadala disclosed that they had visited the site but spoke to no one. Board Member Ward drove by but saw no one. Chair Laamanen and Board Member Bertholf reported they had spoken to no one and had not visited the site. C. Testimony of Witnesses and Cross Examination, if any Kurt Larsen explained that the home, built in 1959, did not conform to current Tequesta code. It had been permitted 5' closer to the front property line than now allowed, with a finish floor elevation of 7.0 and lot coverage of 37 %. The applicant was requesting a variance for the 5' and to be able to build an addition with a finish floor elevation of 7.0 so that the current house and the addition could be at the same level, and to allow lot coverage of 42 %. The current 3 bedroom 2 bath home would become a 3 bedroom 3 bath home with the new addition. Linda Martin referred to a neighbor filling out an indemnification to release the Village from liability in case of flooding. Chair Laamanen advised the Village would require that same release from the applicant. Mr. Larsen Board of Adjustment Meeting Minutes April 19, 2010 Page 3 described previous additions to the home. Discussion ensued regarding the history of the home. The Village had received no letters regarding this application. Items submitted by the applicant were marked for the record. A letter dated May 18, 1999 from the Village of Tequesta to the prior owner was marked as Applicant's Exhibit No. 1; photos were marked as Applicant's Composite Exhibit No. 2. Chair Laamanen expressed concern with the total increased lot coverage of all the homes in the Country Club over the past 20 years, and asked the Board just to be aware of that and keep the coverage in mind. D. Finding of Fact Based Upon Competent Substantial Evidence MOTION Board Member Ward moved to approve the request for variances to the property at 339 River Drive, Tequesta, Florida, subject to the general release and hold harmless agreement provided in the agenda packet, to allow enlargement of the non - conforming structure, to allow increasing the lot coverage from 38% to 42 %, and to allow the finish floor elevation to be 7 feet. Board Member Pullon seconded the motion. The vote on the motion was: W Laamanen — for Steve Pullon — for John Vadala - for Bernard Ward - for Ward Bertho/f - for The motion was therefore passed by unanimous 5 -0 vote. Acting Community Development Director Weinand confirmed with the attorney that the motion had covered the requested variance from the 25' setback requirement. Attorney Jorandby advised that she would take care of the hold harmless agreement and would issue orders for the variances. V. UNFINISHED BUSINESS Reorganization of the Board Pursuant to Sec. 78 -62 Tequesta Code • Elect Chair Board of Adjustment Meeting Minutes April 19, 2010 Page 4 • Elect Vice Chair During discussion of possibly delaying selection of the officers until all Board Members were present, the attorney advised it was to be done at the first meeting of the calendar year, and the required quorum of three was present. Discussion ensued. Board Member Vadala nominated Steve Pullon as Chair. Board Member Vadala nominated Paul Brienza as Vice Chair. Attorney Jorandby advised no second was necessary for nominations. The vote on the nominations was: Vi Laamanen — for Steve Pullon — for John Vadala - for Bernard Ward - for Ward Bertholf - for The vote carried by unanimous 5 -0 vote. 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 Board Member Pullon moved that the meeting be adjourned at 7:50 p.m. Chair Laamanen seconded the motion. The vote on the motion was: Vi Laamanen — for Steve Pullon — for John Vadala - for Bernard Ward - for Ward Bertholf - for The motion was therefore passed by unanimous 5 -0 vote. Board of Adjustment Meeting Minutes April 19, 2010 Page 5 Respectfully submitted, y� Gl� Deanna Mayo ' Village Clerk's Assistant Note These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the Village Clerk. All referenced attachments are on file in the Village Clerk's office.