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HomeMy WebLinkAboutDocumentation_Regular_Tab 07A_05/13/1999 � c t VILLAGE OF TEQUESTA DII'ARTMINT OF COMMUNITY DEVELOPMIIVT Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • C561) 575-6220 Faxc (561) 575-6239 Bo�xn oF An�vs�lv�r PUBLIC HEARING MEETING MINUTES NOVEMBER 16, 1998 I. II• CALL TO ORDSR AND ROLL CALL _ ' � 1 ��, The Village of Tequesta Board _ af .�idjusttnent held a regularly scheduled Public Hearing at the�viliage Hall., 357 Tequesta ..,Dr.ive, Tequesta, Florida, on Monday, Novemher 16, 1998. The .,meeting. was called to order at� 7:30 :.�'. >by..Chair Raymond Schauer. A roll call was taken by Be�ty La�.r,.the ReCOrding •�.Secretary. Boardmembers pres�nt _-were: Chair Raymand Schauer, Vice Chair �ilbert Finesilver, and Boardmembers David Owens and Vineent Sama. Also in attendance was Scott D. Ladd, Clerk of the Board. Absent from the meeting were Boardmembers Kevin Kinnebrew and John Taylor, and Village Attorney John C. Rando].ph. It was announced that a letter of resignation had been received from Boardmember Betty Coyle. APPROYAL OF AGBNDA vice Chair Finesilver moved that the Ageada be approved as sv]�itted. Boardmember Sama secoaded the motion. The vote oa the motion wasz Raymoad Schauer Gil.bert Fiaeaflver David 4a►eas vincent Sama Recycfed Paper for for for for 1 � SOARD OF ADJITST�1'P �ETIN� MINOT88 November 16, 1998 • � p�ag a The motioa was therefore passed aad adopted aad the Ageada �tas approved as submitted. r==. �p�avnL o� p�v=ovs �s�r��ra �r�v�ss Vice Chair Fiaesilver maved that the miantes far the meetiag of Augua�t Z4, 1998 aad the meetiag of Septennber 21, 1998 be approved ae submnitted. Soardm�mber �eas seconded the motioa. The �ate oa the motion �+raea xaymoad Schauer • for Qilbe�t FiaeB3l�rer - �o� � � David.Oweas. _ fo� . . viac�at� ��ma - for . ; . . The a�tida a►as therefore passed auad. adop�e,d�. aad� �he minutes were agprov�d as sub�titted. ; " ; rv. r�s�+r svsxrn�ss 1. An applicatioa from� Roger and Sh�.riey �oaafak, oaner� of the property loc�ted at 14 8ic�ory Hili Rcad, Lot 215, Tequest� Fiaes 3ubdivisi.on, request3ag a�rariaace to the t�rms of the Official Compreheaeive Zoaiag Ord�naa�e af the Village of Tequesta, �rdiaanC�e No. 355, as ameaded, Sectioa v�Z, 3chedule of Reguiations aad Appl3ca�ioa of Regulatioas, Sv�b�ec�ion tC), schedule of Site Rec�u,iremeats, R-1 Sf.agle-&amily D�relZing District, miaimum rear yard setbaak aad miaimum side yard setback to allow the iastallatfon of a pool 8creen eaclosure aith a rear yard eetback of 8.3�(feet) and a side yard setback of 4� (feet) , i� lieu of iQ �(feet) rear yard setbacl� aad 7.S' tfeet) aide yard s�tback for any acceseory building or etructure, aa required by th� Code. A) Sxeariag-=a of �itnesees, if �equired. SOARD OF ADJIIST�+D3NT �BTINt� �TNtJ'tLS November 16, 1998 PAQh' 3 All those present who wished to speak on this issue were sworn in by Clerk of the Board Scott D. Ladd. 8) D3sclosure of �c-Parte Communication$. A pol1. of the Board indicated no members had had ex-parte communication regarding this item: C? T�stim4ay of �itnesses aad Cross Sxamiaatiou, if aay. Shirley �Tozniak presenCed the appli�ati.on_ and e�cplained t�at when she and her husbartd � had submitted their surv�y made when they purchas�c�� tY�� - property to the village to obtain a permi�t for a screen enclosure a.t was discovered that no rear or: .. �� side �etback dimension` from the pool :=�o the-: prvperty line. Nl�s. Wozniak explained:.that approximately or�e year ago her husband, an a:nsulin diabetic, had been hosQitalized from infeetion resulting from insect bite�, she h,ad reques�ed a permit far a screen enclasure, and at that time di.scovered the setbacks were 3 inches short of the requirement an�.there was no �ooter. A permit was obtained for the footer and had been instal].ed around the pool deck perimeter in preparation to erect a screen enclosure if a variance was granted and to stabilize the pool, which had started to sink on the co�ners. Mrs. Wozniak explained that the only exercise doctors recommended for her husband was swim�ning but he couZd not get more infectious bites on his feet or be bitten by ar� encephalitis-carrying mosquito; and requested that a va�i�nCe be granted. Frank Polisak, 1004 Comache �treet, Jupiter, testif ied that he wa� a state certified General Contractor and that fail.ing concrete around the pool was affecting the integrity of the paol which r � SOA�D OF ADJO'STMBNT �s�rx�ra �r�v�rras Navember 16, 1998 PAQB 4 required stabilization of the concrete. After ensuing discussion, Mr, polisak explained that originally the deck had been very narrow and the concrete installed for stabilization and the footer had extended the pool deck approxima�ely 16^, Chair Schauer commented that the Board must consider the minimum amount of variance. Clerk of the Board 3cot� D. Ladd explai,ned that the screen wou�.d go on the footer and could go on the edge within 2x. Discussion ensued regarding possibly cutting the �orner. Mrs, Wozniak explained that the pool decl� was now�the minimum width required - for wheelchair aecess.: Pho�ographs of the existing pool were shown to the�Board. Mrs. WQZniak reported sMe had a letter from Frank Johnson, the neighbor- � to the � rear�. Clerk of the _ Board Ladd read .a letter date�. November �6, 1998 -- � into the record from:neighbors David and Pam Hudson, 28 Hickory Hill Road, which stated they were not opposed to the vaariance so long as tihe �creen enclosure only cam� to withi.n 4� of the properCy line in the corner. Clerk of the Board Ladd read a letter dated Navember 14, 1998 into the record €rom neighbors Frank S Johnson, 38 Dogw�od Road, which stated he was not opposed to the variance. During discussion, the construction of the footer �nd th.e existing brick, tile, and gravel was explained by Mrs. Wozniak and Mr. Polisak. M'r. Ladd reported he had visited the property and walked th� whole site. Chair �chauer commented Cha� he would like to see the edge ot the screen enclosure 7p off the edge of the block which would provi.de a 9� setback at the back edge of the pool. .� SOARD OF ADJtTST�N'P �$TINt3 �IN�Tg3 �Tovember 16, 1998 PAaB 5 D) Fiading of Fact BaseB Dpoa Coampetemt Svbstaatial �vidence. soar�ember Sama made a motioa to approve the variance ae requested by Roger aad Shirley 9�o�caiak, o�+ners of the prop+srty located at 14 8ickory Ht11 Rpgd, Lot 215� T�qLiAB�It Pitt�B SU[bdivi81O�1� t0 all.0�► the 1ast�llatioa o€ a pool screea encloaure �+ith a aear �rard setback of of 8. 3' ( feet) aad a eide yard aetback of 4� ( feet) , ia lieu of 10 •(feet) rear yard setback aad 7. 5� ( feet) ei.8e yard setback far auy acce�sory build�.ag or atructure„ ag-reqnired by � t�e'Code,~ baaed oa the f3ading,.�hat all criteria had beea met. B�ardm�mh�r +�e�� s�icoaded the motioa. _ The vote on the �►otion �vae a ... ... � ��ymoad Schauet - aga��.ast . Qilbert Finesilver - fo�: - � David �reas - for Viaceat Sama ' �o= The ma�ioa was therefore pasaed and adopted. 1. An appl�.catioa f�om Richard aad Baadra Sterltag, o�ers of the $rflperty located. at 61 gine �i�.l Trai�, �est, Lot 12�, Teq�eeta Piae$ Subdivisioaa, requestiag a v�.riauce to the terms of the Of�i.ci�l Cc�cmpreh�aeive zoniag Ordiaaace of the village of Tequesta, Ordinaaee �to. 355, as ameaded, Se�tioa v�=, Schedule of Regulatlons aad Application of Regulatioae, Subeection CC), S�hedule of Site Require�aen�8, R-1 SingZ.e-Family iypelliag District, minimum rear yard aetback aad mi.atmum side yard eetback to ailo�+ the iaetallation of a paci screea encYosure �ri.tih a rear yard aetback of 7�(feet) aad a sida yard setback of 6.1 �( feet) , ia ].ieu o€ 10 �(�eet) rear yard 8etback aad 7.5� ffeetl side yard setback for aay acceasory building or structure, as required by the Code. .� 84AR.D OF ADJIIST�NT �88T�NC� �II�1t)'�g9 November 16, 1998 PAQI� 6 A) Saearing-xn of �itnesses, if Required. A1Z those present who wished to �peak on this issue were sworn in by Clerk of the Board Scott D. La.dd. 8) Di$clqsure of gx-Parte Commuaieatiaaa. 1 poll of the Board indica�ed no members had had ex-parte comr�►unication r�;garding this item. C) Testi.away of �itnesses aad Cros$ sxa�m3.aatioa, i� any. =' = Richard B.`Sterling presented the application and-� explained tl�at the rea� of this grop��ty was - adjacent to a water catchmen� area where k.id� came � to play and the rains b�ought stand3ng wa�er �or � several days along� with snakes, frogs,:and insects, which found their way into his pool. Th� :waCer catchment area had not existed when Mr. SterZ�.ng �urchased. the prop�rty. A previous reques� Eor the same variance had been gran�ed; however, had expired. r+1r. Sterlir�g explained that footers had already been install�d and the setback of the pool was sti�.l 3', and that it had only been squared up so that a pool enc].osure would be square. Boardmember Sama quesCioned whether justification pre�ented for this request was the same as for the previous variance which was granted. Mr. Ladd explained he had not puZl�d the €ile because the Board was to look at each application on its own merits and that variance had been granted a long time ago by a Board with different rnembers. Mr. Sterling explained that standing water in the football field size catchment area after a he�.vy rain took 10-12 days to dry up, and it was nothing for him to have ten frogs in his pool af ter a heavy � SOhRD OF AD�'3T�3biT �E$TYI�fG �INOTSS November 16, 1998 PAaB 7 rainstorm. Mr. Ladd commented that other residents had mentioned the problem with the frogs, etc. Mr. Sterling commented that the neighbor had no objections. . Boardmember Sama questioned whether the �ustification pre�ented was ir� a form that would satisfy Che process. Clerk of the Board Ladd commented there wa� no doubt in looking at the rectangular sriape of Mr. 3terZing�s lot versus the shape of the lot Yn the previously considered variance request that tl�ere probably would be leas , chance ot hardship wit;h t�is lat .�_ Chair Schaue�r ;. , eommenCed that without a point-b�r-paint la.sting. of �_ : justification for e�ch. df . the criteria it became � incumbent upon the Baard�to�go th=ough xt. and gI.ean_;, �- the information regardi�ig., point. Mr. Ladd �� commented the arigi,nal zoning intez�t was to provide :.. light and air �or the neighbors, and that a unique situation did exist that had nothing to do with the rectangular lot, riut was that th3s property adjoined a huge wa�er ca�chment area. Mr. Sterling expla3.ned that the water .eatchment area did not exist when he had purchased his property. Mr. Sterling explained that children playing around the water threw trash into his pool. Mr. Sterling explained that the distance from the house to the pool edge was 8� and from the pool edge to the outer walkway was 3�, which met the village�s � minimum requirement. D) Fiadiag af Fact 8a8ed 'Dpoa Competea� Sub�taatial Svideace. Chair Schauer passed the g�.vel to Viee Ch�.ir Finesilv�r. Chair Schauer made a motioa, to approve the variaace �r so� o� nnscrs�r ��rzrrc� �uurnrrgs Nov�ember 16, 1998 PAGB 8 --------------�---- sa requestet3 by R3chard and 3andra Sterliag, c�naers � of the pzoperty lo�ated at 61 Piae 8i11 Trail 9�e�t, Lot 122, Tequesta piaes Subdivisioa, to ailoa the inatallation of a pocsi screea eaclosure Mith a rear yard setback of o� 7�t�ee�) and a side yard aetback of 6.1� (feet), in lieu of 10' (feet) rea�r yard setback a�ad 7.5� ifeet? aide y�rd eetback �or aay ac�ce�eory building or structure, a$ required by the Code, based oa the f3adiag that a11 criteria had beea met. v3.ce Ch�cir Fiaesi,lver gassed tha gavel back to Chair Scl�►ue� aad eeconded the mQtioa, The vate oa the moti�oa fraa: _ � &aymoad- Schauer � fo� � � - t�ilbext Fiaeai.iver - - for David ONena - fo,� ; � _ _ 'i�iaceat Sama fcr• T�tie motion aas there€or� paaset� =aad ad�pted. - v. v�rx=�ssn sv$z�ss There was no unfinished business to come before the Board. VI. C�tJNICAT�ON FRCi� CITIZ�NS '�ade E#rieat, 494 �outh nover Road, questioned how a quasi- judicial hearing could be held without the presence of an attorney. Clerk of the Board Scott D. Ladd reported that it was not necessary to have an attorney present, but if a controversial issue came up then the matter would have to be tabled.pendfng legal determination by Counsel. Mr. Ladd reported: that for this meetiing he had discussed the items to be preaented with Village Attorney Randolph, who could not attend but had lef� a phone nwmber where Mr. Ladd could contact him during the meeting if necESSary, Mr. Griest commented that �vhen people purchased property they should � BOARD OF ADJU3TJ1�3NT ��TI�it� bdZNOTBS November 16, 1998 PAa$ 9 consider what they might want in the future to avoid variance requests. Mr. Griest commented tha� past history for this and previous Boards of Adjustment showed that more �xceptions were granted than not granted and if all were going to be approved t�iere was no need for the Board of Adjustment to meet. vTI. ANY OTB�R �ATTgRS Clerk of the Board Scott �. Ladd announced that he would be out of town on December 14, the r�gular meeting date�o� the Board of Adjustment. Mr. Ladd proposed that the meeti�.g be schedul�d for Tuesday,�: �eeember 15, 1998 at 7,::3Q�: p:m. � Boardm�mber� indica�ed th��r would let Mr. Ladd know if t�ey � could attend. Mr. Lat�d reported �hat Boardmember Bet�y Coy1e had sub�ititted • t-�=� �. - a letter of resignaCican,- would leave a space op�en_ far �� a regular boardmember, �and tha� the position would be offered to �he first alternate. I£ not accept�d, the position would be offer�d to the second alternate, and if not �.ccepted wouZd be filled b� a new volunteer. VIII. ADJOU�NT 8oar�er l3ama moved that the meet3ag be ad�ouraed. vice Chair Fineeilver secoad$d the mc�tian. The aote oi� the mction aras s Raymoad Scl�auer - for �ilbert Fiaesilver - for Da�vid ch+►ens - for Viaceat Saa►� - for The motioa �raa therefore passed aad adopted aad the meet3ag arae �.djouraed at 8 a 20 p.m. � _ � BOARD 08 ADJUS'I�1+i'P �STINC� �NOTLS Noven�er l6, 1998 PAGB 10 � � ' y � � w � � � .w � � � � .. � � � Respectfully submitted, �1,�•�"� v ���/� Betty Laur Recording Secretary ATTEST: � Ce�" �- �add , . Scott D: vadd . Clerk: of the Board .. . _ _ DATE APPROVED; . _ � ; �'p��`� 1 .