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HomeMy WebLinkAboutMinutes_Workshop_04/27/2006MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL WORKSHOP THURSDAY, APRIL 27, 2006 7:00 P.M. I. CALL TO ORDER AND ROLL CALL The Village Council of the Village of Tequesta held a Council Workshop Meeting at the Tequesta Recreation Center, 399 Seabrook Road, Tequesta, Florida, on Thursday, April 27, 2006. Mayor Humpage called the meeting to order at 7:10 p.m. A roll call was taken by Village Clerk Gwen Cazlisle. Council Members present were: Mayor Jim Humpage, Vice Mayor Tom Paterno, Council Member Geraldine A. Genco, and Council Member Pat Watkins. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Attorney Scott Hawkins, and Village Clerk Gwen Carlisle and Department Heads. II. PLEDGE OF ALLEGIANCE Mayor Humpage led in the Pledge of Allegiance to the flag. III. APPROVAL OF AGENDA MOTION: Council Member Watkins moved to approve the agenda, as submitted; seconded • by Vice-Mayor Paterno; motion passed 4-0. 1) Boat Related Matters (all residential zoning districts) Mayor Humpage explained Council has addressed this issue at several Council meetings. He explained this workshop was so Council could discuss the boat issue, and at the same time get some public input. He stated it is a workshop so there are no motions, and they will not make any laws today. He asked Council if they would like to make comments or open it up to public comment. Council Member Watkins stated she hoped that everyone had an opportunity to know this meeting was taking place, since they had promised the public to notify them when this meeting was going to happen. She commented they tried very hard to get the word out to everyone. She stated she was glad everyone was here. Council Member Genco asked how many people were from the Country Club. She noted about half were from the Country Club. Mayor Humpage asked how many people were members of Tequesta Country Club Community Association (TCCA). He noted half were members of TCCA. Mayor Humpage noted the group was approximately fifty- fifty. Mayor Humpage explained some of the things that had occurred which generated this meeting, was over the past yeaz they have had residents contacting Community Development regarding code enforcement issues. He explained looking at the existing structure of the ordinances the complaints they get aze mostly ordinance violations. He stated discussion started when the boats kept getting bigger, and people were concerned • about the visibility of the boats, and the size of the boats. He explained they have a mixed bag here: fifty percent of the folks who probably feel in one direction and fifty percent of the folks who feel in the other direction. Minutes -Village Council Workshop Apri127, 2006 Page 2 Mayor Humpage explained because this is an issue that is important to all whether you have a boat or not, or plan to have a boat or sell one; he explained Council wanted to get all the input they could before making any decisions. He explained Council is here to serve their interests and this community. He explained the public put them there and it is Council's job to keep them informed. He stated Council values their comments, and it is not their desire to do anything to anybody nor should anything be construed as mean, they aze just trying to do what is right for the entire community whether you live in the Country Club community, the center of the city, or live on the beach. Village Manager Couzzo explained the purpose of this meeting was to get public input on the issue of storage of boats, boat trailers and recreation vehicles in the various zoning districts within the Village. He mentioned Council and Administration was responding to the interest the public had on this particular subject. He noted Council will take a look at the existing ordinances that are in place, that have served the community for yeazs, and if there are any modificarions that needed to be made, Council would consider those modifications. He stated the situation was not out of control, but there were some issues that needed to be addressed, and they have a code that can address them. Mayor Humpage stated he had quite a few cazds from the public in front of him. He explained Council would be happy to hear from everyone, but if they have forty people to • speak for three minutes they aze going to be there for a long time. Thus, he asked that people keep to the point, and if someone makes a comment, please just state that you agree and move on. He explained this way they give everyone an opportunity to speak. Council Member Genco asked Ms. Catherine Hazding, Director of Community Development to give a brief synopsis of what the proposed changes were from the existing regulations. Ms. Harding stated one of the problems they have was a lack of enforcement on the boat issue. She explained that in order to make the playing field level, the Code Compliance Officer, Mr. Joe Petrick, has been going around and they found twenty-six boats just in the Country Club area. Of the twenty-six boats, most of them were screened; only four of them were not screened and they were served notice that they needed to be screened. She pointed out every boat that was exposed has been cited, so the only issues they aze addressing now were how much of the boat remains past the six-foot fence. Mayor Humpage explained they aze talking about two particular areas, R-1 and R-1 A. Council Member Watkins explained that R-1 A is the Country Club, and R-1 is Tequesta Pines, Chapel Court, and everything else. Ms. Harding stated in the R-1, R-lA, R-2 and R-3 districts, the assumption is that the boats aze portable, that they are transportable and roadworthy. She commented boats are allowed to be parked on the side of the house in the rear yazd if they aze screened. She stated there are two differences between the R-1 and the R-1 A: 1) in R-1 the houses are smaller, the lots are 8000 squaze feet requirement, and the house size is 1200 square feet; and 2) in the R-lA, the minimum lot size is 10,000 squaze feet and the minimum house size is 1600 square • feet. She pointed out there is a recognition of larger lots in one district, and smaller lots in the remaining districts, therefore, the boat storage has been treated differently. 2 Minutes -Village Council Workshop April 27, 2006 • Page 3 In the R-lA, the boats aze to be screened from the road and from the golf course and any other areas on three sides. In the R-1 district, they are to be screened on three sides but does not have to be screened from the front. She explained the difference in the R-lA azea it is required to be screened effectively from the street or any other azound it from the golf course. She stated if you drive by and see a boat in one residential district, and you do not see it in another there is a reason: one is permitted and one is not. She noted the problem with the screening is the approval of six-foot fencing in order to screen the boat. She stated that may or may not have been adequate in the older days but with today's boats, it just does not cover them. She mentioned in the side and reaz yards you are permitted to have asix-foot maximum height fence. Now the bigger boats are sticking up over the maximum height fence and this is what is producing the problem. Mayor Humpage asked if Community Development got the complaints or did Code Enforcement department receive phone calls about the boats. He asked if it was an issue of seeing the boat from the street or was it because the boat was higher than the fence. Ms. Harding responded it was basically the frontage, and explained the objection was seeing it from the road. She felt some people misunderstand that in the R-1 area you can see it from the road; it is not illegal. She explained it is the full exposed hull of the boat that is the main complaint. Council Member Watkins asked they were getting complaints about the towers over the fence. Ms. Hazding responded yes. Gode Enforcement Officer • Petrick responded he has received complaints about the exposed towers over the fence. Council Member Genco asked if the setbacks were the same for lots in R-1 and R-lA. Ms. Harding agreed, noting the setbacks were the same except for the side yards set backs in the R-l, (the smaller lots) was 7 '/2 feet, and in the R-lA was ten feet. Ms. Hazding explained that when you have a smaller lot you will have a shorter distance between you and your neighbor and less room to store a boat so it is even more difficult to hide the whole thing. She said in the R-lA it is a ten-foot setback but the lots aze 10,000 square feet so there was more opportunity to protect the boat. Council Member Genco stated the difference in the zoning, as it exists today in the R-l, they do not have to be screened from the street, and in the R-lA they have to be screened completely from the street. Ms. Harding agreed. Mayor Humpage stated in R-1 they do not have to have it in front. Council Member Genco noted they are supposed to be screened on three sides. Mayor Humpage agreed, but noted they did not need to be screened from the front. Ms. Harding reviewed the R-1 code section. She noted one side could be the side of the building as screening. Council Member Genco felt that language needed to be straightened out, because if you were a corner lot three sides would make sense; if you aze an inside lot three sides makes no sense at all. Ms. Hazding said one side would be the building, one side would be the side yard and the other side would be the rear yazd. Council Member Genco stated she doubted that most of the time people were going to have their boat that faz back from their back yard. She stated the three sides were meant to effectively take care of the side yard issue as well as the neighbor. Council Member • Watkins stated she thought they were trying to protect the neighbor who lives in back. Council Member Genco stated both codes said three sides. Mayor Humpage stated R-lA said it can not be visible from the road. 3 Minutes -Village Council Workshop Apri127, 2006 Page 4 Council Member Genco stated the only difference was visibility, noting both codes say the same size fence. Ms. Harding stated it does not specify the size of the fence; it just has been expedient to use fencing material and to combine it with other fencing on the property. She stated the fence was limited to six feet by another ordinance. She stated at the code says at least three sides in the R-lA. Vice-Mayor Paterno stated he knew the Country Club did a survey and out of the people that sent it in; it was 50-50 in reference to our current code, and 50% wanted to change it so they could see the boats and towers above the fence. Council Member Genco asked when Vice Mayor Paterno said 50% does that mean all the people that live there or 50% of the people that have chosen to join the homeowner association. Vice-Mayor Paterno stated they had to be in the homeowner association (TCCA); out of the people that sent in a response card 50% of the responses were on each side of the issue. He just wanted to make sure those people were represented also because he thought they have just the boaters here tonight. Council Member Genco stated the survey does not necessarily represent the majority of the people. Mayor Humpage stated there was no language that they can presently enforce that has anything to do with the boat height. Council Member Genco stated she would love to heaz from the community on whether they felt they should have two codes, one addressing the people inside the Country Club and another one addressing people outside the Country Club area. She wanted to know if • there was someone in the audience who turned in a card that would like to speak to that. (Public Comments) Mr. John Strain resident on Golfview Drive said he does not see how to justify having two different zones for residential. He mentioned he does not know the history of how it came about. Council Member Genco confirmed he lived in the Country Club. He stated yes. Council Member Genco asked if anyone was in the audience who did not live in the Country Club that had the same opinion as Mr. Strain. Ms. Elizabeth Schauer, current chair of the Planning and Zoning Advisory Board, former Council Member and resident stated presently when you look at the ordinance it is subdivided between the R-lA district and the rest of the Village. As to the screening of the boats, if Council were going to change it, then they need to be really specific. She mentioned everyone that came to the Planning and Zoning Board meeting were really upset. She stated they had read the minutes from their July meeting thinking that Planning & Zoning was going to bring it to Council with cart blanche which is not so. She stated they wanted Ms. Lorraine Rogers, President of TECCA to inform Community Development as to the results of the survey. She stated Planning & Zoning Boazd has never received the results of that particulaz survey. She stated at their meeting it came up under Any Other Matters, and everyone that did have an objection had given her their name and phone number and she called them to inform them of this meeting. She stated Planning & Zoning Board promised the people that Council would work with the people • and try to come to a happy medium as to the height or whatever particular problem they had with the ordinance. She stated if Council wanted the Boazd to review they would work with the community. 4 Minutes -Village Council Workshop Apri127, 2006 • Page 5 Council Member Genco stated she read the minutes from the Planning & Zoning Board meeting, and felt they put a lot of thought into it. She stated that what she was trying to determine tonight, and she did not know about her fellow council members, whether or not there was either an aesthetic or economic benefit to having two different zoning codes for addressing boating issues. Ms. Schauer stated if you look at the community as a whole, the Tequesta Country Club has homes on the river and in the azea that Council Member Genco lives in you have canals. She stated for example in Tequesta Pines, she had a homeowner that purchased a home that had a boat. His boat could be seen over six feet, with the homeowner association, he was in direct violation. She stated she is the president of the Boazd of Directors, and the Board got together with this particulaz homeowner and worked something out so that the boat could not be seen to keep all of the neighbors happy. She noted there are areas within the Village directly across the street and on Tequesta Drive that do not have a homeowner association, so they do not have governing documents in which they have to abide by. She stated they needed to address two specific areas only because the Country Club, and the area that they live in have water access so they really need to divide it into two different. sections. Council Member Genco stated the problem appears to be that it is actually within the Country Club that they seem to be having more of an issue of shielding the boats than they do elsewhere in the community. She stated if they continue to maintain two different sets of codes, since both areas aze trying to achieve the same objective, that is aesthetically making it pleasing to the community, perhaps they could have one code that addresses both. She felt that the Country Club was just as concerned about the aesthetics as her homeowner association was, and that the majority of the Village residents are also concerned. She stated they needed to come up with some code that is acceptable to everybody rather than having two classes. She felt that if they could come up without two classes, economically it would be a benefit to the Village in that the code enforcement would be a lot easier. Ms. Schauer stated if you subdivide it to the Country Club, if you address it as to who has direct access. Council Member Genco stated people that have direct access; their boat is in the water. Ms. Schauer stated there are also people that live in the Country Club that use the boat ramp so they have boats on their property. She stated she does know anyone that lives autside of a homeowner association that can afford a boat space. She noted one other issue Council needed to make sure that the people that are just here for the winter months also have a voice. She stated this is one reason why the Planning and Zoning Boazd said in July that they would wait until March or April when they knew most of the people were here, and this was already in progress so they did not bring this up. Council Member Watkins stated another problem they have is if they try the changes for either area you tell the folks in the Country Club now take away your gates or you tell the • people everywhere else put up a gate so it is not seen from the street. She stated this retroactively would be a nightmare. Ms. Schauer pointed out if you look at the azeas outside of the Country Club, like Seabrook Road or Tequesta Drive the majority of the homeowners without a homeowner association already have their boats screened. Minutes -Village Council Workshop Apri127, 2006 • Page 6 Council Member Watkins stated they aze visible from the street, which means they aze not gated. Ms. Schauer agreed, but noted they were different districts. She stated when you look at the code, the way the original code was, you have your two districts and that is the hardest part. She felt Council should address the two districts and come to a happy medium. Mayor Humpage stated he has been here a long time and was here when the Country Club was platted, and there were a lot of empty lots in the Country Club and a lot of lots that could be built in Tequesta. He stated the difference to him in R-1 and R-lA was the lot size and the setbacks and the size of the house. He commented if they make everything unilaterally and make everything for the people on Golfview, Bunker Place and Dover Road and Pineview Terrace, they are going to penalize some people. He stated if he owned a lot in R-1 and a lot in R-1 A, the setbacks in R-1 A are larger and the setbacks in R-1 are smaller. He felt it is a good idea to have two districts because people that live in this neck of the woods do not have the same space as people that live in other areas. He stated at this point in time he does not want to penalize them. He thought there was a code in the book that just needed to be enforced. He stated he does not have a problem with two districts. He felt some aforethought was given to the people who put the Village together, and felt all they needed to do was enforce the codes they have in place. He felt they may have an elevation issue, but he is not sure where Council wants to go with that. Vice-Mayor Paterno mentioned he did not have a problem with having two separate zones, but at the same time he felt they could accomplish a lot of things by having one; the stipulation right now was they do not have to have a gate out front. He stated there is always room for them to stipulate in the future a timetable where they would have to put a gate out front. He stated if they have only 7 '/Z feet there is only a certain size boat that was going to fit into that space; it is not going to take anything away from those people. He noted at the same time, some of the neighbors, even though they are friendly with them, can keep a pretty nasty boat yard on the side and is visible in certain areas. He felt it was not fair for people next door who take care of their property to see a boat with ten to fifteen coolers, three extra tires, and everything else. He felt they might need to address the idea of the gate in front even in R-1. He stated this was the only difference he could see. Council Member Genco agreed. Mayor Humpage stated he thought this was a code enforcement issue. He thought that if he had three chaise lounges, and two tires and eight coolers and five bikes and a boat, then the Code Enforcement Officer needed to pay them a visit. Council Member Genco felt it was an aesthetic issue. She felt if you have a boat in your yard you should have it shielded from the street. She felt aesthetically it was not very pleasing to the community. Vice-Mayor Paterno stated he has his boat in the water, but some people have their boat in the grass and they do not trim under it. He noted for aesthetics it would help the other homeowners. He stated they should not burden the neighbors if they decide to have a boat sitting there; they need to be a good neighbor. He felt if you do not cut the weeds underneath and everyone cannot see them, then is not so bad; but if we have to look at it, that can be a problem. 6 Minutes -Village Council Workshop Apri127, 2006 • Page 7 (Public Comment) Mr. Vince Arena resident of Tequesta Drive stated one-size fits all would not work. He stated if he was not mistaken the reason they were here was because a problem developed in the Country Club over height, not over the four sides, not coolers, not grass under the trailers or anything else. R-lA is the Country Club. He is in R-1. He stated they do not have a problem. Council Member Genco stated the reason Mr. Arena does not have a problem is because their setbacks are so much smaller that their boat sizes therefore are smaller so they do not have the elevation problem. Mr. Arena stated they have big boats pretty much the same as the Country Club. He stated they do not have a problem with three sides. He stated he has gone through the community and everybody does a good job. He does not see any tall grass, tires, batteries, or coolers. They have asix-foot fence and do not mind looking at t-tops, antennas. He stated their hulls are covered and you aze not going to find a hull that really goes over six feet and if you do, just jack the trailer down and you aze covered; it is just the tops. Council Member Genco stated that it sounded to her that he just said that most of them have fences in front. Mr. Arena stated he believed everyone was surrounded by three sides, and did not see that this was a really serious problem, four out of twenty-six in violation. He stated he does have a considerably large hedge completely around. He noted he has gone through seven code enforcement officers, and each one has an opinion, • and each one was willing to work with him so everyone could do things correctly. He chose to avoid the problem for his fellow neighbors so that every time he pulled out, or backed out, legally, he does not back out to Seabrook Road, and he does not back up past Riverside Drive. He stated he could not put a gate in the front because it would probably be illegal where he is. He said the other boats that he sees around the community they are surrounded by three sides just the like code says, and he does know there is a problem with height. He stated they aze very happy the way things are. Council Member Genco asked if his boat was screened from the street. Mr. Arena stated no. Council Member Genco stated it is not a problem for him or his neighbors. Mr. Arena stated he has never had anyone say a word; in fact they have complimented him. Council Member Genco mentioned it seemed to be a consensus in R-1 that there was not an issue with screening from the street. The audience members agreed with her. Mr. Arena agreed there needed to be a ruling, so nobody could parka 40-foot or 60-foot boat on the side of the house. He felt if Council wanted to do one size fits all, that's fine; have everyone park a boat that is legally driven in the state of Florida on the roads without a special permit. Council Member Genco asked Mr. Arena what he meant by park. Mr. Arena stated a trailer, has to be eight foot six and cannot be any higher than thirteen six without special permit. Mr. Russell Von Frank resident of Dover Road stated he used to be on the Council but was now on Planning and Zoning Board. He stated that contrary to what has been said, the people who own boats are concerned. Being on Planning and Zoning Boazd he has received calls as well as conversations. He noted where aesthetics aze concerned, and the height of the boat, and this was what people were concerned about. He showed a diagram of the boat showing over a fence versus a boat not be seen, and felt this was aesthetics. 7 Minutes -Village Council Workshop April 27, 2006 . Page 8 Ms. Sharon Kuerer resident of Golfview did not want to comment on boats but on motor homes. She brought pictures of what she sees off her back porch, and looking out her bedroom window. She stated there aze specifications, the motor home is 12 foot tall. She mentioned she spoke with the Code Enforcement Officer, who came and looked at I; he took pictures and told her it is a code violation because any vehicle such as this cannot be taller than the eave of the house. She asked that the ordinance be enforced. Mayor Humpage stated it was an enforcement issue, and they have the ordinance in place; they just need to enforce it. Code Enforcement Officer Petrick agreed. Mr. Tim Laurence resident of River Drive stated about a yeaz ago he got cited for having a pickup truck in his driveway. He received a copy of the code, which he read and it stated as long as it was screened from three sides. He stated he decided to play by the rules and pazk it behind the fence. He mentioned Ms. Kuerer mentioned the eave of the house. He said it does not say in the code the eave, it says below the roofline. He stated his truck does not exceed twelve feet in height. He felt he was in compliance even though the back was not screened in and that it could still be seen from Golfview Drive. He stated he believed there should be one code and if there was one code, he hoped it would all be R-1. He said if you have to have two codes, then enforce the Hiles as they are written. He felt if people can afford boats and motor homes then they can afford screens. He felt there was not a height issue. He stated if people were to clean up their • act, it might no be so bad. Vice-Mayor Paterno asked if his was the house that they just saw, where there was a wooden fence and he put some type of artificial plants in the front. Mr. Laurence confirmed he was. Mr. Laurence asked if this was acceptable. Vice-Mayor Paterno stated he was just asking a question. Mr. John Strain resident of Golfview Drive commented that his involvement in government usually does not go beyond casting his vote on Election Day. But the code revisions being considered threaten his primary recreational activity and thus forced him to get involved. The primary threat for him was the proposed six-foot height restriction on boats kept at one's home which in effect does not allow any Tequesta resident to store a boat large enough for offshore use. He assumed the intent of this ordinance would be to keep boats completely out of sight, even though no one has explained why this was necessary in a State which has more registered boats than anywhere in the country. He mentioned perhaps the unidentified proponent was trying to create the illusion that the sight of boats repulses Tequesta residents even though we have chosen to live very near the ocean in a community surrounded by water. He stated perhaps this person was trying to create the illusion that Tequesta residents are so wealthy that we all belong to yacht club. He assumed Council was to serve as the defacto homeowner association to impose and enforce the strict regulations on aesthetics that aze inherent in such communities. He stated the important distinction between local government and a homeowner association is that a local government is obligated to uphold the constitution of the United States whereas a homeowner association is not. He stated the larger issue that needed to be addressed was how much authority under the constitution does local government have to be able to dictate the appearance of one's private residential property. 8 Minutes -Village Council Workshop Apri127, 200b • Page 9 He felt from the discussion he has heard so far he does not see any indication that they see any limits on their authority. He stated that every year homeowners spend thousands of dollars landscaping and remodeling their homes to create an aesthetic appearance, which is to their liking. He stated if the Council insisted on adopting an ordinance so prejudicial to boating he would be forced to bring a lawsuit against the Village for violating his first amendment rights. Further, he stated that while he is paying the lawyers he would naturally seek to rescind all current Village ordinances on the books, which dictate the appearance of one's property for purely aesthetic reasons. He stated aesthetics aside, the proposed code revision is grossly unfair and seems to discriminate against the moderately incomed. He stated that offshore boating would be denied to all except those wealthy enough to own a waterfront home or pay approximately $500 a month minimum to store their boat at a local marina. Mr. Strain stated from a fairness standpoint the proposed code revision was as arbitrary as passing a law requiring all golfers to stow their golf carts at the course and pay a $500 month storage fee. Mr. Arena stated the world was watching and they could be setting some standazds. One- size fits all was great but when you have small and large it is really hard to have the little guy with a little lot go ahead and conform to what the lazge guy can do. He stated if he were to have a big lot he would do whatever they wanted. He believed one of the main reasons they came here today was for height. He stated very simple follow Florida law, it • is cut and dry, no inches, no feet, nobody can complain, it is the law; you just set it up accordingly. He referred to a picture of a boat. He commented aesthetically he does not see a problem. He stated there is also another big difference, they were mentioning local government, homeowner associations, local governments do have a variance plan where they will listen to you; homeowner associations he do not have to say another word. Council Member Genco asked if the eave of a house was azound 9 1/2 or ten feet. Mayor Humpage asked if she was talking about the lower part of the roof. Council Member Genco stated yes. Ms. Hazding stated the kind of eave depended on the azchitect that designed it; the ceiling height inside raised the eave. She stated ten feet would be the norm, maybe a little bit lower for some of the smaller homes, on a garage area at least. Council Member Genco stated she was looking at some of the pictures. Ms. Harding stated it was not an interpretation; she was also the building inspector. She stated they are not challenging the height. Mayor Humpage stated that in R-1, and he lives in R-1, he can touch the eave. He stated it is about 71/2 feet. Vice-Mayor Paterno stated in R-1 it is about seven to eight feet, and then when you get into the R-1 A where you have two story houses, it could be twenty feet, but a single floor was probably ten feet the norm with newer homes. Ms. Hazding stated the newer homes have higher ceilings, the lower homes have lower eaves. Mr. Tom Urich resident of Golfview Drive stated he was passing around what he thought would be an acceptable screening of boats, some around the Country Club. He felt most • people do a pretty good job of screening the boats. He noted there are a few out there that are not screened but for the most part people make a good effort. He felt if you regulate this on the lines of a tradable boat he did not think the height problem would be a problem. He stated that most of the boats in the Country Club were t-tops that are not collapsible. He asked Council to look at his pictures. 9 Minutes -Village Council Workshop Apri127, 2006 • Page 10 Ms. Saza Urich resident of Golfview Drive stated t-tops provide them with shade and they want to be ocean worthy, and does not want to be in a class where they have to have a small boat. She stated it is an economic hazdship, she cannot afford private schools for her children, and cannot afford private storage for her boat. She stated that some communities in their planning accommodate boaters and RVs by having land set aside. She mentioned what would be a nice place to store all of their boats is at the Lineaz Pazk, they could have easy access, but would be an eyesore, too. She felt they were fine where they aze and they do not want them all in one place. The other thing she wanted to mention was they have other eyesores. She showed Council photos from her backyazd. She stated they aze close-ups and the first thing you see from her backyazd is an ugly culvert, and power lines. She stated that when you get closer you still see the culvert, the power lines; when you get really close you see a beautiful little boat behind an American flag and that is what Tequesta is all about. She stated you really have to look hard to find some of the boats. She stated that most of them are in compliance and should stay where they aze. She asked Council not to rock the boat. Mr. Jeff Leslie resident of Golfview Drive wanted Council to focus on this; and that it was not a little issue they are considering. He stated there was almost no storage for boats elsewhere in this azea, and what is out there was extremely expensive. With his conversations with people in the azea, the reason people bought the houses they have in was because they had the opportunity to put their boats there. He wanted to state that when he moved here he put a contract on his house in the Country Club and in that contract he had two exceptions; one of those exceptions being if his boat cannot be stored next to his house he wanted out of the contract. After he signed the contract he went down to Village hall and he spoke with Mr. Jeff Newell about the boat he was going to have. He told Mr. Newell he was going to put a fence up, and this was where the boat was going to sit. Mr. Newell said it was okay, there would be no problem. Mr. Leslie indicated his boat has a center console (he referred to a picture) and no part of the hull sticks up above his cave. He stated if someone puts asix-foot fence up in front of their boat there is about two feet of boat that could possibly be seen, not including a t-top or an antennae or something like that. He stated that a lot of the eaves that he has been azound in the Country Club have been azound eight feet high so from six feet to eight feet it is possible you might see a piece of boat. He stated all those boats aze behind the front of the house and most of them aze properly screened as you could see. He mentioned when he moved here, and purchased his house, screening that was acceptable was asix- foot fence on all sides of the house, with his house being one of the screens. He felt this was fair. He felt there needed to be two standards. He stated it was very easy to come up with one standard and try to fit everyone into it, but the thing is that is not the way it is done here; there are two different types of situations and he thought that the people in the Country Club who have boats aze very happy, happen to have a fence in front of their boat. He felt there were complaints about people's boats. He imagined that you would • expect if you were going to a place like the Country Club that you might see a piece of a boat when you get there. He wanted to emphasize that Tequesta is a boating and golfing community. He mentioned Mr. Carl Stoddazd, a former Mayor of Tequesta was living across the street from him who compliments his boat on a daily basis. 10 Minutes -Village Council Workshop Apri127, 2006 • Page 11 Mayor Humpage asked if there were any Council comments. Council Member Watkins responded by saying that she has lived in Tequesta for twenty-nine years, the majority of those years in the Country Club, which is a boating and golfing community. She explained what they are trying to do is listen to all the residents, since they all have to live here, and are trying to penalize anyone. She commented they always have someone who wants to push the envelope and that is what they are trying to protect against. She explained this particular ordinance has been in place a long time, and it has worked for over twenty-nine years, since she has been here. She believed they should leave the two separate zones. She felt they needed to have it screened in the front in the Country Club and she felt that if they were to survey the residents the majority would agree with that. She indicated she would really have to be convinced that they needed to change this ordinance to change it. She did not take changing a law lightly, but she thought they would all agree that the day could come when somebody could bring in the an extremely large boat. She felt what Council needed to address and give direction to Mr. Couzzo and staff was some way of getting word in there that prevents the exception, the whatever that is so outrageous that no one could live with it. She stressed Council does not want to find out after the fact that they did not address it. Her personal opinion is that she would like to leave things the way they are. She felt that if people are not cleaning up their property, this is a code issue. She felt the issues coming with the height, she would like to see wording that prevented them from having whatever is going to be where half the hull • shows or whatever the height restriction may be. She commented the boats you see now is the largest thing they want to see, and to make sure they. do not get any bigger than that. Council Member Watkins asked Mr. Couzzo to research this issue, that Council is okay with what they have now, but they do no want to exceed that. She stated what she is hearing from the calls she has received has been they want to see nothing behind the six- foot fence. She commented there have been very few calls. But, she stated, in all fairness they were there first; these are people that have lived here a very long time, the code has been in place a long, long time. She asked if staff could come up with some language that would set a height. Mayor Humpage stated they are not going to argue this point, noting he also gets phone calls, and that probably every councilperson gets phone calls, and they take everything into consideration. Council Member Genco agreed with pretty much everything Council Member Watkins said; they akeady have the rule 13 %2 feet for a trailer so maybe what they need to do is incorporate that into the zoning code. She stated the thing that still bothers her is when she looks at Tequesta Pines their homeowner association apparently requires the same thing that TECCA does as far as shielding from the front. Ms. Schauer stated that they needed to understand that Tequesta Pines was a bit different; they were not allowed to have a boat visible in Tequesta Pines; it was either in your garage, on the side of your house and it cannot be higher than the six-foot fence. • Council Member Genco stated that where she lives they have a wider easement but she falls under the same code that the community outside of TECCA does. Mayor Humpage stated R-1 district. Council Member Genco thought this was strange but the easement at her house was ten foot. 11 Minutes -Village Council Workshop Apri127, 2006 • Page 12 Ms. Schauer stated she is the president of the Tequesta Pines Homeowners Association and gets all the complaints about code enforcement and everything else. She stated when you look at this ordinance you need two different azeas. She stated in Tequesta Pines they only have two lots that aze on the river. Council Member Genco stated she is trying to break it down to the most basic element. It seemed to her that Ms. Schauer was correct, that they needed to have two different zones. She stated the big issue is it needed to be shielded in front and the second issue that applied throughout the community was the height. Ms. Schauer stated she cannot go to the code enforcement officer with a governing document issue. Council Member Genco stated it is then up to the homeowner association to enforce whatever has to be enforced. Vice-Mayor Paterno stated he moved to Tequesta about 4 `/z years ago and he checked with someone downtown. He liked the idea of having a boat and at that time they were smaller. He noted Mr. Urich might have been the only one who had a bigger one but it could not be seen because it was behind the fence. He stated the interpretation of our code was screening meant you could not see it; and what has happened in the last couple of yeazs and to give a little bit of background, as more people move in they aze pushing the envelope every month. He felt what is happening is unfortunate in some ways, and they did not do as good a job as they should have, and it kept growing to where they aze now. He stated he has had a lot of people tell him they do not like the boats and a lot of • people who have boats say it does not bother them because they have a boat. He stated he has people who say they do not like "Pete's" boat but they have a drink with him and they do not want to tell him and lose him as a friend. But they do not like his boat because they do not want to sit on their porch and look at it, or in this gentleman's case, the motor home. Vice Mayor Paterno stated they do need to think about people that have boats and the people that do not have boats or other vehicles. He stated they needed to remind themselves that these people have rights as well as them. He stated whatever they do in their yard, for instance, he knew a lot of people use screening and he asked Ms. Hazding about it, if you use hedges as a screening whose obligation is it to cut the other side because you want the boat. He stated these are issues that he thought about, too, representing both sides. But at the same time he thought they should have two separate azeas and at the same time they need to do something to accommodate the problem, as it exists. He stressed they can not let the problem get any worse, because they have a lot of people that do not have boats and have spoken up, but do not want to be singled out. He stated with the Country Club he felt it was more of a height problem than anything else, and the other thing would be the gate out front. He stated whoever has a boat cannot infringe upon the other person; whoever has something in their yazd they cannot infringe upon you. He stated, for instance, if they have a tree they cannot let it go on top of your house; there aze some responsibilities. He felt the hedges aze an issue when screening them. He stated these aze issues that have been brought to his attention, things to think about. He mentioned in order to keep everyone's house value up, because they are • expensive, they need to do something, and it cannot get out of control. He felt as far as motor homes go, his personal feeling is they need to be six-feet and that's it. He commented Council will do what is best for everybody and that is the way he is going to approach it. 12 Minutes -Village Council Workshop Apri127, 2006 • Page 13 (Public Comments) Ms. Suzanna Grub had a question on pickup trucks. She agreed with the shielding of the boats and she is not looking for regulations regarding height or size. She lives in the Country Club and they are not allowed to have pickup trucks but she has been looking at her neighbor's pickup truck for 2 %2 yeazs. Her husband would love to have a pickup truck and she is having a difficult time accepting the fact that she is looking at a pickup truck yet they aze not allowed to have one. Mayor Humpage stated Code Enforcement would take caze of it. Mayor Humpage explained liked the two zones, R-1 and R-1 A. They have ordinances on the books now they need to be enforced. He was not sure where they wanted to go with the height but was sure they could resolve that by the roofline. He stated if the boat complies with the State statute it seems to him, if the boat is trailable without a special permit, it fits. He was happy everybody came to the meeting, because they got some good feedback. He wanted to tell them the key to the whole thing, besides code enforcement, that if you aze a good neighbor they do not have an issue with you. He again thanked everyone for coming. III. ADJOURNMENT . MOTION: Council Member Watkins moved to adjourn the meeting; seconded by Council Member Genco; motion passed 4-0. The eeting was adjourned at 8:30 p.m. Gwen Cazlisle Village Clerk • 13