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Home My WebLink AboutDocumentation_Regular_Tab 05A_04/28/1994 ' V(LLAGE OF TEQUESTA � :; �� : � DF,P.•�R1�iF.ti 1' nF CnMMI �NTTY DEVELOP1�iF'vT � '�S• �� f'c�tit Oil�cc B��x 1?73 • 357 Tcyucsta Urivc . - �� TCi�ilt' F'��fli�.l �Za(i�a (?�� • :�l,i �' - /�'�I) ' i � /� . � � (•�r, iv�i�� l'♦.(l�lli � y �� 'v fn��M� BOARD OF ADJIJSTMENT PUBLIC HEaRING IdEETING l�IINUTES . 1�,RCH 21, 1994 Z. C1iLL TO ORDER �I�TD ROLL CaLL The Village of Tequesta Board of Adjustment held a regularly scheduled Public Hearinq at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Monday, March 21, 1994. The meetinq was called to order at 7:30 P.M. by Chairman Kenneth Northamer. A roll call was taken by Betty Laur, the Recordinq Secretary. Boardmembers present were: Chairman Kenneth Northamer; Alfred DeMott; Edwin Nelson, Raymond Schauer, and Susan Brennan. Scott D. Ladd, Clerk of the Board, Village Attorney John C. Randolph, and Village Clerk Joann Manganiello were also in attendance. II. 1�iPPROVaL OF AGEND� Boardmember Alfred DeMott moved that the Agenda be approved as submitted. Boardmember Edwin Nelson seconded the motion. The vote on the motion was: Kenneth Northaaer - for �lfred Qel+tott - for Bdwin Nelson - for � Rayaond Schauer - for gusan grennan - for The aotion was therefore passed and adopted and the aqenda was approved as sul�itted. III. 1�iPPROV1�iL OF PRSVIOIIS i�BTII�tG I�iOTSS (8eetinq l+Iinutes of Janusry 17, 1994) Boardnember i�lf red . Detsott �oved that the Board of Ad justaent Meetinq trtinutes of January 17, -1994 bs approved as � submitted. Board�enber EdWin Nelson seconded the �otion. � The vote on the motion was: _ Recvcfed Pare� Board of l�djustaent Meeting Minutes March 21, 1994 Page 2 ------------------------------------ Kenneth Northamer - for A1 f red De2sott - f or Edwin Nelson ' for Raymond Schauer � - for Susan Brennan , - for the motion was therefore passed and adopted and the Minutes were approved as submitted. IV. NEW BUSINESS (1) An application from Brian G. Wayne, owner of Lot 472, Tequesta Subdivision, located at 128 Fairview East, requestinq 8 variance to the ter�s of the Official Co�prehensive Zoninq Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, Section VII (C), Schedule of Site Regulations, R-lA District, ii.ni�um side yard setback, to allow for the enclosinq of an existing porch with a side yard setback of two and one half feet (2.5') in lieu of ten feet (10'), �as required by the Zoning Ordinance. Brian Wayne explained that the existing porch which he would like to enclose had been built years ago before he purchased the property and consists of an asphalt shinqled flat roof covering 3x8 beams and screen walls which have four wood 4x4 supports around the circumference. His plans to remodel the whole house at once are no lonqer possible because of illness which has left him without the finances he had planned to use for this purpose, so he now plans to remodel gradually as he can afford it, and would like to enclose the porch first since that would be the least costly area to remodel and Would provide additional needed dininq area and den space for his family. Scott D. Ladd, Clerk of the Board, reported from his research that the porch had been added to the house many years aqo without a penoit and violated setback requirements. Scott D. Ladd read into the record the followinq letter from Hurant and Josephine Tavetian of 132 Fairview East: �My na�e fs Hurant Tavetian, owner of property at 132 Fairview East, Tequesta, Florida. we have resided at this address tor 18 years. Ne, at tbis � time are "aqainst" the possible issuance o! narfance to the applicant for reason ststed in your notice dated 3-3-94 related to Lot #472, address 128 Fairview $ast, Tequesta. Further, we believe that Zoninq Ordinances were developed for the overall qood of a community. Therefore, should be Board of �djustment Meetinq Minutes March 21, 1994 Paqe 3 adhered to. It is understood by this writing, our expression "against" is an acceptable way to convey our thoughts to the Board as a property owner. If additional information is required, please advise.' Scott D. Ladd then read into the record the following letter fro� Ann F. Tuggle, 120 Fairview East: 'Z am opposed to the request to grant a variance to enclose a porch to within 2-1/2 feet of the sideline on Lot 472 (128 Fairview East). Zoning is adopted in order to protect the riqhts of all parties in a community. Especially important is the maintenance of buildings within the allotted space. Thank you for your consideration of my views.' In response to Boardmember DeMott's concern whether the Board could legally approve a variance to a condition that had been done with no approval by the Village, Village Attorney Randolph stated the Board would be approving only the current application and not what had been done that was never approved. In response to a point raised by a member of the audience, Wade Griest, Village Attorney Randolph stated that this Board only. acts on behalf of the Village and their decision has nothing to do with any action by the Homeowners Association. Susan Mitchell of 124 Fairview East, the property immediately south of the property under discussion, stated the entire property is in extreme disrepair, and requested any improvements be submitted to Zoninq and be approved by an architectural qroup and that work be done by a contractor. Boardmember Nelson made the suggestion that Mr. Wayne and his neiqhbors meet informally to arrive at a mutual agreement reqarding improvinq landscapinq. Boardmember Brennan made a motion to defer Mr. Wayne•s Application for Variance until the next regular meetinq of the Board of Adjustment with the request that Mr. Wayne redesign the porch enclosure within the 9.3� setback. Boardmember DeMott seconded the motion. The vote on the motion was: 1Cenneth l�orthaser � - !or A �I.fred DeKott - for Bdwin Nelson - ��r Ray�ond Schauer - aqainst Susan grennen - for Board of Adjustaent Meetinq Minutes March 21, 1994 Page 4 ------------------------------------ , the motion was therefore passed and adopted. (2) An application from City Signs, as agent for the Goodyear Tire Store, located at 160 Bridge Road, requesting a variance to the terms of the Official Comprehensive Zoninq Ordinance of the Villaqe of Tequesta, Ordinance No. 355, as amended, Section � XII, Sign Regulations, Subsection (R), Technical Requirements, Paragraph 5.b., to allow the continued use of the existinq free-standinq siqn located on the northwest corner of the property at Bridqe Road and Alt. AlA, and not within the middle one-third of the property, in lieu of said siqn beinq located within tbe middle one-third of this property frontinq on the puplic street, as required by the Zoninq Ordinance. Bert Leib of City Signs stated moving the existing free- standing sign from the corner of the property to the middle one-third of the property would create a hardship because it would then be in.front of existing service bays. Scott D. Ladd, Clerk of the Board read into the record the following letter from Ricker Alford, Jr. , of 206 West Riverside Drive, Jupiter, Florida (whose business location is within 300 feet of the subject property): 'As property owners receiving your notice concerning an application from City Siqns, as Agent for the Goodyear Tire Store, requestinq a variance for their siqn, my wife and I have no objection to the existinq sign and are for the variance.' Boardmember Nelson moved that the application for Variance be approved. Boardmember Schauer seconded the motion. The vote on the motion was: Renneth Northa�er - for Pilfred Det+Iott - for Bdvin Nelson - for Ray�wnd Schauer - for Susan Brennan - for the iotion was therefore passed and adopted. p. UNFINISA$D BUSIIiSS3 � There was no unfinished business to be brought before the Board of Adjustment Meeting Minutes March 21, 1994 Paqe 5 ------------------------------------ Board. VI. ANY OTHER MATTERS 1. Discussion of Snyder Decision by Village Attorney: Attorney Randolph advised the Board of Adjustment that the Snyder decision basically indicated that there are some zoning matters that are quasi-judicial proceedings. Members of a quasi-judicial board basically act as a judge would act in regard to ex-parte communication. Of interest to this board was the Jennings case which determined that any board or committee that acts as a quasi-judicial board or committee should not allow itself to be lobbied in any way. A boardmember cannot listen to comments outside a hearinq because that could sway the boardmember's opinion, and as soon as the boardmember realizes a person is attempting to lobby regarding a matter pending before the Board, the boardmember should tell that person he or she is sorry but cannot discuss the matter. If anyone alleges prejudicial conduct (lobbyinq outside a public meeting) it will be assumed there has been prejudicial contact. The burden of proof would then shift to the Board of Adjustment to show that the contact has not been prejudicial. Therefore Attorney Randolph recommended that boardmembers not allow themselves to be lobbied in any way. He stated that proposed legislation now pending only relates to elected officials, therefore if passed, this leqislation would not change his advice to this Board. In response to Boardmember Brennan's questions as to how she • should react to specific situations involving matters she would deal with both in her capacity as Boardmember of the Tequesta Country Club Community association and as a member of the Board of Adjustment, Attorney Randolph advised Boardmember Brennan to abstain from any matters brouqht before the Tequesta Country Club Community Association that she knew would be brought before the Board of Adjustment; and if any matters were brought before the Board of Adjustment that she had participated in�at the Tequesta Country Club Community rissociation she should abstain from voting on thea ttt the Board of adjust�ent aeeting. 2. Boardmenber DeMott expressed the thanks of the 8oarcl to former Boardmember willfam G. Rirkland for his contributions and many years of service to the Board of 1�d justment . µ � R / Board of Adjustment Neeting Minutes March 21, 1994 paqc E� ------------------------------------ VII. ADJOURNMENT Boardmember DeMott moved that the meeting be adjourned. Boardmember Nelson seconded the motion. The vote on the motion was: Kenneth Northamer - for A1 f red De2�iott - f or Edwin Nelson - for Raymond Schauer - for Susan Brennan - for the motion was therefore passed and adopted and the meeting was � adjourned at 8:20 P.M. Respectfully submitted, ,�� L � �� ✓ Y--�=� � _ Betty Laur Recording Secretary ATTEST: �� Scott D. Ladd Clerk of the Board DATE APPROVED: (�cv'� ��, ! 99�