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Home My WebLink AboutDocumentation_Regular_Tab 07A_09/09/1999 � t , � � �.. � F T VILLAGE OF TEQUESTA DEPARTIV]fENr OF CO1��VIIJNfI'Y DEVELOPMEI�ff � Post Office Box 3273 • 357 Tequesta Drive ; , r � Tequesta, Florida 33469-0273 • V6].� 57J'�22� ' ,� " Fax: (561) 575-6239 co BOARD OF ADJUSTMENT PUBLIC HEARING MEETING MINUTES MAY 17, 1999 I. CALL TO ORD�R AND ROLL CALL ' The Village of Tequesta Board of Adjustment h.eld a regularly scheduled Public Hearing at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Monday, Ma.y 17, 1999. The meeting was called to order at 7:30 P.M. by Vice Chair Kevin. Kinnebrew in th.e absence of Chair Raymond Schauer. A roll call was taken. Boardmembers present wer�: David Owens, John Taylor, and Kevin Kinnebrew.. Also in attendance was �Scott D. Ladd, Clerk of the Board, and village Attorney John C. Randolph. II. APPROVAL OF AC�BNDA Boardmember Taylor awved that the Agenda be approved as submitted. Boardmember Oovens secoaded the motioa. The vote oa the motioa was: Revia Riaaebrea► - for . David Oweas - for Joha Taylor - for The motioa was therefore passed aa.d adopted aad the Ageada was approved as submitted. Recycled Paper b � SOARD OF ADJIISZ'D�NT �'STING MINO'�ES May 17, 1999 PAGB 2 ------------------- III. APPROVAI, OF PREVIOIIS �BTING MINUTES Boardmemb�r Taylor moved that the miautes for the meetiag of April 23, 1999 be approved as submitted. Bosr�nember Owens seconded the motioa. The vote oa the motioa ovas: xe�ia Kinnebrew - for David Oweas - . for Joha Taylor - for The motion was therefore passed and adopted aad the miautes � arere approved as svbmitted. =v. rrs� svs=r�rssss 1. Aa appl3catioa from 8arold Soaa, o�vner of the property located at 343 River Drive, Lot 87, Tequesta 3ubdivisiaa, requeatiag the followiag variaaces to the terms of the Official Com�preheasive Zoa.iag Ordiaaace of the Village of Tequesta, Ordinaace No. 355, as ameaded, Sectioa v=I, Schedule of Regulati.oas and Applicatioa of Regulatioas, Subsectioa (C), Schedule o€ Site &equtrements, R-IA Single-Family Dwelliag Diatrict, miaimum front yard eetback, minimum side yard setback, maximum lot coverage- aad Sectioa X, Supplemeatal Regulatioas, Subsection (A), Geaerai provisioas, Paragraph (8), Floor elevatioa above sea level, to alla�v: (1) The replacemeat of a front porch �ith a front yard setbaek of �2.2� fa lieu of 25'; (2) The additioa of a closet with a side yard setback of 7.5• ia lieu of 10'= t3) A proposed lot coverage of 37.6� ia lieu of a maximum 37� lot coverage; aad (4) The additioa of a sittiag room aad the additioa of a clos�t to match the existiag fiaish floor elevatioa of 7.36�, ia lieu of a miaimum fiaish floor elevatioa above mean sea level � (�L) for all new construction, additioaa and eubstaatial improvements to existiag structurea beiag 8.5� �SL or 18" above the cro�va of the road, whichever is more stringent, aZl as requ�red by the Zoaiag Code. BOARD OF ADJIIST�IT �STING MINOTS3 May 17, 1999 PAQIa 3 ------------------- A) Sweariag-ia o£ �itaesses, if xequired. Clerk of the Board Scott D. Ladd swore in Mr. Dana Anderson. B) Discicsure of S�c- Parte Co�uaicatioas. A poll of the Board revealed no ex-parte communications. Village Attorney John C. Randolph �xplained. that when there were only three Bvardmembers present a unani�cnous vote was needed in order for the petitioner�s request to grevail; therefore, the getitioner was given the opgortunity to postpone their request until a full Board was present if they desired. Petitioners were requested to announce at �he beginning of their agenda ite� i€ they did not wish to proceed at tonight�s meeting. r�1r. Dana 1�,nderson, representative for Harold Sonn, petitioner, questioned the feasibility of gett�ng a full Board to attend the next meeting. Clerk of the Board Scott D. Ladd eacplained that in the past 1-i/2 months the Board had lost three members and therefore no mare than four could be expected at the next meeting; however, in case of an emergency as had happened with tonight�s meeting so that the Chairman had to be out of town, there cou�d only be three present. Mr. Ladd advised one person had applied for a seat on the Board but must first be approved by the village Council, which would probabZy take place at their June meeting. Mr. Anderson stated he wished to proceed. C) Test3moay of �ita�esses aad Crosa F,�caminatioa, if aay. Dana Anderson presented the application and explained that item (1) was an existing condition, and was only for replacement. Item (2), addition of a closet, the bedroom on that side did not have a closet and the applicant wished SOARD OF ADJtTST�NT �STINQ �![INU'rLS �ay 17, 1999 PAf3$ 4 ------------------- to add the size requested but was willing to reduce the size if necessary. (3) Mr. Anderson explained that the lot coverage requested was .6� over the maximum, and if the cZoset had to be reduced the request would only be for approximately .2�. (4) This request was made so that all floors would be at the same elevation. Vice Chair Kinnebrew commented that item (4) had been reviewed by the Board in .other applications and a hold har�].ess agreement had been requixed. Boardmember Taylor requested additional information regarding the closet, to which Mr. Anderson responded there was not room for a strip closet, therefore a walk-in closet was desired, with room to hang clothes on each side. D) Fiadiag af Fact Based Upoa Competent Svbstaatial �rideace. Soardme�nlie� Taylor mads a motioa to accept the apglication as sul�mnit�ed except for item (23, the cloeet variance. �r. Taylor expressed hia opinfoa that a 2.5' v�rfiaace �►a8 too much, aad that he beli.eved th� claset could be made s�maller. The Soard looked at the plans aad fowad that the cioset as requested �rould aot ex�eud out from uader the existfag rarofliae. Boardmember Taylor ameaded his motioa to accept the applicatioa as aubmit�ed Mith the coadition � that a hold harmless agreemeat be require8 for item (4). Boardmember O�reas secoaded the mottoa. The vote on the motiori, tta8 s iCevia xiaaebre�+ - for David O�►eas �- for John Taylor - fcr The motioa �ras therefore paesed aad adopted. 2. An application fram David S. Becker, owaer o# the property located at 12 Couatry Club Ci�cle, Lot 11, Block 1, Country Club Poiat Subdivtaiaa, reQuestiag a variaac�e to the terms of BOARD OF ADJIIST�'sNT �ETING MIN�TBS �sag 17, 1999 PAGE 5 ------------------- the Official Compreheasive Zoaiag Ordinaace of the village of Tequesta, Ordiaaace No. 355, ae ameaded, Sectioa XVi, IIniform vvaterway Coatrol, Subsectioa (8), Dock aad Pier Length, �idth and Coafiguratioa, Paragraph (8), to allovv the erectioa of a boat lift outboard of docks aad piers oa a►aterarays aad caaals of eighty-five (85) feet or less i.a width, ia lieu of ao boat lift outboard of docks aad piers on caaals of eighty-five (85) feet or less in width, as required by the Zoaing Code. A) Sweariag-ia o€ 9�itaesses if Required. Clerk of the Board Scott D. Ladd swore in those wishing to speak. � B} Diaciosure of Sx-Parte Cammuaicatioas. A poll of the Board revealed no e�-parte communication, except Vice Chair Kevin Kinnebrew reported he had gone to Mr. Becker's propert� in arder to get a ciear picture in = his mind of the canal and structures around the neighbaring homes. C1 Teatimoay of �itaesses aad Cross i�xamiaatioa, tf aay. David Becker presented the request and explained he had an existing 30' dock which was in compliance with 25' setbacks on both sides of the property lines, which he was in the process of rebuilding the seawall and dock, and wanted to add a boat lift. Mr. Becker commented that at the present time he had a 20� power boat. Mr. Becker explained that if he installed a boat lift on the seawall on ei.ther side of his property in compliance with setbacks, he would not have room on either side to get a 20� boat off or onto the lift if a neighbor's boat was there. Mr. Becker referred to photographs to help explain the situation. Mr. Becker requested permission to put a boat lift on the outside of the dock he was rebuilding, and advised there were several other boat lifts on this section of the canal with boat lifts on the outside. Mr. Becker stated he would like to Bo�n oF An�rsz�rrr �ETING MINOTSS �iay 17, 1999 PAG� 6 ------------------- keep the size boat he had and not have to go to a smaller boat. Clerk of the Board Scott D. Ladd read into the record four letters from neighbors, which have been attached to and made a part of the�e minutes. Three of the letters--from Kenneth Northamer, Timothy Goldsbury, and Dorothy Campbell- -objected to granting the requested variance; one, from Scott Dickenson, was in favor but requested that the boat lift be placed on the east side. It was determin.ed that Mr. Dickenson lived next door to Nfr. Becker, and the others who wrote letters of objection did not share the same canal, but were within the 300' radius required to be notified of the variance hearing. Mr. Becker explained that he wanted to install a 4-post lift which was 12 feet wide because that type required less maintenance and was less expensive to purchase than an elevator-type lift. John Ring stated he lived at the end of the canal a� 178 Country Club Drive, and that he was not opposed to Mr. Becker having a new seawall and dock or to a lift, but objected to a 4-post lift because it would take up more roam, making it difficult for a 35� boat to access . his property. Mr. Ring did not agree the elevator-type lift required more maintenance. During ensuing discussion, a question arose as to whether permits had been issued for existing docks which had 1�.€ts installed on the outside. Mr. Ring contended that a precedent could be set in this case if others had not been permitted. Clerk of the Board Ladd reported that staff had checked the records for permits for docks and boat lifts, and it appeared that approximately 50� had been issued permits and the others had not. Mr. Ladd stated he was interested in clearing up the records and getting permits. Mr. Becker stated he did not have room to install davits. Vice Chair Rinnebrew indicated that from , triewing the area, he did not agree with Mr. Ring that there would be insufficient room for a 35� boat to come and leave his property. BOARD OF ADJ[TSTl�N'P b�STiNG MINUT83 May 17, 1999 PAGL 7 D) Fiading of Fact Based Upoa Competeat Substaatial Evideace. Hearing no motions on this petition, vice Chair Kinnebrew passed the gavel. vice Chair Kianebrear made a nmotioa to approve the applicatioa, giving Mr. Becker permissioa to have a 4-post lift, to be iastalled oa the east side as requested by �ir Dickeason, arhich could aZso help Mr. xiag, aad stated this request was reasoaable aad ia compliaace a�ith the code variaace criteria. Boardmember Oareas secoaded the motioa. The vote oa the motioa aras s � �evia Kinaebrear - for Dav3d 0areas - for JoY�a Taylor - for The motioa was therefore passed aa.d adopted. - 3. An application fram Peter Bourassa, owner of the property located at 248 xiver Drive, Lot 393, Tequesta Subdivisioa, requestiag a variaace to the terms of the C3fficial Compreheasive Zoniag Ordinance of the Village of Tequesta, Ordfaaace No. 355, as ameade�i, Section v==, Schedule of Regulatioas aad Application of Regulations, Subsect�.oa (C�, 3chedule of Site xequirementa, R-=A Siagle-Family Dwel�ing District, maximum lot coverage, to alloa the construction of a 952+/- square foot screea pool eaclosure €or a proposed total lot coverage of 39.9�, ia lieu of a maxfmum 37� lot coverage, as required by the Zoaiag Code. A) Sweariag-Ia of �Pitaesaes, if Required. Clerk of the Board Scott D. Ladd swore in those wishing to speak. B) Disclosure of $g-parte Coaamunicatioas. BOARD OF ADJIISTMEN'P �ETING MINUTLS btay 17, 1999 PAGL 8 ------------------- A poll of the Board revealed no ex-parte communications. C) Testimoay of �itnessee and Cross Sxamiaatioa, if aay. Mike Rossin representative for petitioner Peter Bourassa, presented the request fo� a pool enclosure contained in the lot coverage of 39�, a variance to the 37� maximum lot coverage required by code. Mr. Rossin explained the . neighbors on each side had been consulted and no one had had any objections. D) Fiading of Fact Based Upon Competeat Substaatial Ev3deace. Boardme�ber Taylor made a motioa to approve the applicatioa as svbmitted for the property located at 248 xiver Drive, Lot 393, Tequesta Subdivisioa, requestiag a variaace to the terms of the Officfal Cc�npreheasive Zoaiag Ordiaaace of the Village of Tequeata, Ordiaaace No. 355, ae amended, Sectioa V=I, Schedule of Regulatioas and Applicatioa of xegulatioas, Subsection (C), Schedule of Site i�equiremeats, R-iA Siagle-Family Dwelling District, maximum lot coverage, to alloar the coastruction of a 952+/- square foot screea pool eaclosure for a proposed total lot coverage of 39.9�, ia lieu of a maximum 37$ lot coverage, as required by the Zoaf.ag Code. Boardmember Oarens secoaded the motion. The vote oa the motioa a�as : Ke�ria �iaaebre� - for ]Savid Oa�eas - for John Taylor - for The motioa was therefore passed aad adopted. 4. Aa application fromn Nelsoa F. Newcomb, oamer of the property located at 214 Golfviear Drive, Lot 293, Tequesta Subdivisioa, requeetiag a variaaace to the terms of the Offic3al Compreheasive Zoniag Ordiaa4ace of the village of Tequesta, Ordiaaace No. 355, as amended, 3ectioa V=I, Schedule of Regulationa aad Applicatioa of Regulatioas, BOARD OF ADJIIST�NT 1�ETING MINOTES May 17, ].9 9 9 PAGL 9 ------------------- Subsection (C), Schedule of Site Requirements, R-IA Single- Family Dwelliag District, maximum lot coverage, to aTlow the coastructioa of a 956+/- square foot sereen pool eaclosure for a proposed totial lot coverage of 39�, i�a lieu of a maximum 37� lot coverage, as required by the Zoaiag Code. A) Sweariag-ia of �itaesses, if xequired. Clerk of the Board Scott D. Ladd swore in those wishing to speak. B) Disclosure of Sac-Parte Commwaicatioas. A poll of the Board revealed no ex-parte comomunications. C) Testimoay of �itnesses aad Cross 8�cami.nation, if aay. - Mr. Nelson F. Piewcomb, applicant, presented the request and explained he had not been aware until two weeks ago that a variance request was needed, but that he could only screen half the pool if the variance was . not granted, since lot coverage exceeded the 37�r maximum by 2�. D) Fiadiag of Fact 8ased Upoa Com�petent Substaatial i�videace . Boar�ember Taylor made a motioa to approve the application as submnitted for the property located at 214 Golfview Drive, Lot 293, Tequesta 3ubd�visioa, requestiag a variaace to the terms of the Official Compreheasfve Zoning Ordinaace of the village of Tequesta., Ordinaace No. 355, as ameaded, Section v=i, Schedule of Regulatioas aad Applicatioa of Regulatioas, Subsectioa (C), Schedule of Site Requirements, R-=A Siagle-Family Dwelliag DiBtrict, maximum lot coverage, to alioa the constructioa of a so�n oF AnJVST�rr r�aNr=rrG x=uo�r$s Ma,y 17, 19 9 9 PAG$ 10 ------------------- 956+/- square foot screea pool eaclosure for a proposed total lot coverage of 39�, ia lieu of a maximum 37� lot coverage, as requi�ed by the Zoniag Code. Boardmember Oareaa secanded the motion. The vote oa the motioa was: � �cevia Kinaebrew - for David Oaeas - for Joha Taylor - for The motiaa �vas therefore passed aad adopte8. V. tiNFINIS88D BIISINESS Clerk of the Board Scott D. Ladd explained that the Village staff was actively trying to get more members for the Board, and if anyone knew someone who was interested they should ask ` them to p3ck up an application at the viliage Hall and submit . a resume. Mr. Ladd clarified that boardmembers were required to be residents of Tequesta. VI. COD�lUNICATIONS FRC�i CITIZSNS There were no communications from cita.zens. VII. ANY OTBgR MATTSRS There were no other matters to come before the Board. VIII. ADJOIIRN�NT Boardmember Taylor moved that the meetiag be adjourn.ed. Boardmember Ovaeas seconded the motioa. The vote oa the motioa was: � r BOARD OF ADJIIST�N'r �STING MINUTLS May 17, 1999 PAGS 11 ------------------- �evin Kiaaebreai - for David Owena - for Joha Taylor - for The motioa was therefore pas$ed aad adopted and the meetiag was adjouraed at 8:37 p.m. Respectfu}.ly submitted, Betty Laur Recording Secretary ATTEST: � ![l. ��.(U� Scott D. Ladd Clerk of; the Board DATE APPROiTED : � �9' �� , �J5/18/'1999 15: �F� 5E,1-5r5-623� t+II.LA�E �F TE�UE�Tfia PaGE �2 , i 7�oxv� 11�►x C�n��c� �ova ��w�wuvae vu�� i�U�1EiTA, B'IiU�t,Ill,A' 88�►89 ! ' � � . � � � �� u.�..�-- �` � �C! �. �. l U ��' � . � �aYkc�c�'� . � �� ,�-�-�..�c�-�. �� _ � ; � � � �� . _ � � �, �. ,, C� �'��. . �� l �- � . : .. �,,� �� t� �� V, i � ` G�.�..C� . �� !� �,'�` i 1 � �'� � � • 05f18,�1999 1F�:F�O 551-5�5-6239 VILL�GE OF TEI�UESTA PwGt b� Sent By: TIM GOIDSeURY; ��1 745 8795; May-18-89 11:32AM; P�ga �/� �tMQxHY �. GaLnsBURY 2o Trad�►a,� C;rtcto / Toqaas�, Fi�iam �s+�9�x(�t� � (�o'T� �47-losa � .. . . �. ,i . ; M�Y 9 G,' 1999 � ;. . . • , :�. . � } So�tt D. La�dd C1erk ai' the Bnaxd .. . . � � Department og C1anm�a�ity nevelogaten,t . . . . . . . . .. . . V��a1qe of Tequ�t�a► . 357` �gta L1�1� �t�, � 33463�2�'� V�,a Fa�sln�t.3.�: 575 - 6239 bea�uc St��t, Z re.sp�cetffe�l.1Y re'9u�,st � Bo3rfl of Adjustment �. to authvrizs . emy vaac`iaru�3 �t`t r��CC Co OTd3x��oe 355. . � A variarw� may -result ixa +� hazaz�d �o navig�tirn in the �hallvw, silt�d�-3n car�al �or 2.ar�er' v�els. �►u►ty is �ln t.h� ey� Qf t�he ��.de��, hv�wev+�:. 1if� a� th�s type a1�o �tracG �x�am ae�tk�� valtte�. �a �r�opaaed fwr piling boat Iift, vutboard o� the dock �Y al.so c�tfi.� ar► obs�truct�ian arx3 limit access far ott�. boate�s at t.tr� er,c7 nf the r.x��al. My req►�es� �k� �2�at � vaac'�� t�ca C�it�az�6 35� be denfecl. SiC�ly - . . �l � . .� - Tittqth7/ E. Go1d�Ynary i t '` 05/18l1999 15:�0 561-5�5-F,239 VILLAGE DF TEQUESTA PAGE �4 �AY�'l4�aB 01032 FRQMo VILLAGE OF TEQUESTA IQ� Sk316766203 QAGB f , Scott Uickit�aun � Country Club Circle Tsqu�f�ta, �'1 33A69 � 561-745•774� ph � . 551-745-?774 fax Posau• F'ax Note 767f er,"�/! � q�y T.__ M�y 1 �, l99� ' ro f ,�:..... /47,-�1, � 8oard of Adjus�ment �d-?�� co. ViHago of Tequeeta �'°"� �` P"`N'° � , 3S7 T�IlC.ifN ��'. Flitt M F�It M Teque�sca, �+1 33a69 .., __ Re, Varia� application from Dav�d K. 8ecker C� e�►,djustment �ioard, 1�iv� dir�t�y tle7ct dvoC to M�. Becke�r. I vvould like to Ctarify a few�fhings foc the �ec�rd. ns 1 feel the iang1�age in the �ppliCation could be mf�intorpretpd aa� et �ctatcss to my propt�ty. My dovk is not 5 feet fram the property lino; it is 7 fect as indicated by �my �,rvey axed also by �ctual meaa+mit�g. ]V�'y dook is in oot�pleta compl'tanCe with tl�e cade at the dmo it waa built and it has the proper permit on Rle. I knaw Mr �ecfcer did nat mean tv impty anything adverse to my propo��ty, but whem� ! ra�d it, � felt 1 ne�„dcd to addrass the issucs he poiated out. . i am in favv� of Mr. Becker having a lit! outboard of his doek Pqr the r�tsc�;� he !�a �tatad. ��rn�vevpr, if he builds �t 3A-foot clOC1c in the middto of th� �eawall, i would pr�fCr . that th� fiR be located �t the F.��at e:nd of the dor,�c. ,4.� the rtcetclti shavva right now, ic WVi�� o �VVi�6C.�1 Vlt tZIC �CSt SId! i Rlfl AIRA {1�Ir�nninp. M�rt �q a new ceawall_ doe�, ARd boat, a�d i think it ia en bath qf our intererste to sitow as much �ve�iag � pas�ibt�. Accbrding to the �cetch, the dock to the �aat of him i� fa�the�r �.way than my dactc, I think it ia sppropri�ate to toe�tte it on that aide. Thank you for you� tinne and Gott�idnrsttivn in this nzittE�r. � Sinc;etcly, � � � �COn j31CK1[ISOR . � .. � I ' . 1 .. . , . �, � � . ,