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Home My WebLink AboutDocumentation_Regular_Tab 05A_01/13/1994 4 1 � i � ..l VILLAGE OF TE UESTA � � � Q � , � � DEPARTMC,�1T OF COMMUNITY DEVELOPME�'�T '„ � Post Offfcc Box 3273 • 357 Tcqucsta Dnvc � t Tcqucsta, Florida 33469-0273 •(407) 575-6220 s . f �° Fax: (4Q7) 575-h203 ' � N COUM� B O A R D O F A D J U 8 T M E N T P U B L I C H E A R I N G M E E T I N G M I N U T E 8 O C T O B E R 1 8,. 1 9 9 3 I. CALL TO ORDER AND ROLL CALL The Village of Tequesta Board of Adjustment held a regularly scheduled Public Hearing at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Monday, October 18, 1993. The meeting was called to order at 7:30 P.M. by Chairman Kenneth Northamer. A roll call was taken by Fran Bitters, the Recording Secretary. Boardmembers present were: Chairman Kenneth Northamer; Vice Chairman Alfred DeMott; Edwin Nelson; William Kirkland; and Ray Schauer. Scott D. Ladd, Clerk of the Board, and Village Attorney John C. Randolph were also in attendance. II. APPROVAL OF AGENDA Boardmember Kirkland moved that the Agenda be approved as submitted. Vice Chairman DeMott seconded the motion. The vote on the motion was: Renneth Northamer - for William Rirkland - for Ray 3chauer - for Alfred DeMott - for Edwin Nelson - for the motion was therefore passed and adop,�ed and the Aqenda was approved as submitted. n . . ;.�n-._ _ .. Board ot Adjustment ' Meetinq Minutes October 18, 1993 Paqe 2 -------------------------- III. APPROVAL OF PREVIOU3 MEETING MINUTES (Meeti,nq Minutes ot: 8eptember 20, 1993) Vice Chairman DeMott moved that the Board of Adjustment. Meeting Minutes of September 20, 1993 be approved as submitted. Boardmember Kirkland seconded the motion. The vote on the motion was: Renneth Northamer - for William Rirkland - for Ray Schauer - for Alfred DeMott - for Edwin Nelson - for the motion was therefore passed and adopted and the Minutes were approved as submitted. ZV. NEW BUSINE88 A) An application from Joseph and Fausta Aloe, owners of Lot 7, Block 32, Jupiter in the Pines, Section B, Subdivision, located at 356 Church Road, requestinq a variance to the terms of the Official Comprehensive Zoninq Ordinance ot the villaqe of Tequesta, ordinance No. 355, as amended, Section VII(C), Schedule of Site Requlations, R-1 District, m�imum lot coveraqe, to allow the construction of a 326 square foot in area addition that will cause the subject property to euceed the maximum allowable lot coveraqe, said coveraqe beinq 39.45% in lieu of a maximum lot coveraqe of 37�, as required by the Zoninq Ordinance. Howard Searcy, son-in-law of applicants, explained that it is the desire of his wife and himself to occupy 356 Church Road with Mr. and Mrs. Aloe, who are increasingly in need of assistance from members of the family. Since Mr. Searcy and his wife no longer have children at home, it is their decision to provide for the Aloes as their age and needs increase. It is the intention of the Searcys to assume the financial responsibilities of the Aloe household and it would therefore be necessary to add some semi-private living quarters at the opposite end of the house. The house will all be under one roof, with no changes to the home except a small bedroom and bath with a small kitchen unit. In order to do that, the allowed lot coverage must be exceeded (approximately 200sf over the maximum 37$ coverage). Scott Ladd, Clerk of the Board, reported there were no letters of communication in the file, either for or against the application. c Board o! Adjustment Meetinq Minutes October 18, 1993 Paqe 3 -------------------------- The Board questioned the fact that, since there is planned a second kitchen facility, if this single dwelling unit could at some point be used as rental property because of the extra living quarters. Mr. Ladd reported there are restrictions in the Code against a second kitchen facility being used as rental property. Mother-in-law apartments and maids quarters are allowable, however. Attorney Randolph added that a motion could include a restriction against not renting out the second living area, or with the.contingency that the new living area be removed upon sale of the property, or the new owner would have to come back for approval of the kitchen facility. Also, if there is such a contingency in the motion, it would be necessary to have it officially recorded. Boardmember Kirkland moved that the application be approved as submitted, with the contingency that the additional living area not be used as rental property. Boardmember Nelson seconded the motion. The vote on the motion was: Kenneth Northamer - for William Rirkland - for Ray Schauer - for Alfred DeMott - for Edwin Nelson - for the motion was therefore passed and adopted. Attorney Randolph explained to the applicant that it would be their responsibility to put together a Declaration of Covenants and provide such to the Village. The Village would then review the document and see that it.was recorded. B) An application from Richard L. Nieblinq, owner of partial Lots 5� 6, Bay Harbor Subdivision, located at 19 Bay Harbor Road, requestinq a variance to the terms of the � Official Compreheasive Zoninq Ordinance of the Villaqe of Tequesta, Ordinance No. 355, as amended, Section %VI, Uniform Waterway Control, Subsectioa (B), Dock and Pier Lenqth, Width and Configuration, Paraqraph (1), to allow the construction of a 3� u 126 � dock with a 6� g 20 � terminal platform, in lieu of no dock or pier beinq constructed which egtends waterward from the mean hiqb water line in egcess ot seventy-five (75�), as required by the Zoninq ordinance. � Board ot Adjustment Meetinq Minutes October 18, 1993 Paqe � -------------------------- Richard Niebling gave a handout to the Board which was read into the record. The document read: Purpose of R.L.Nieblincx Appearance Before Board of Adjustment 1. Received Agency permits all stipulating a necessary length of 126 LF. 2. This length (126 LF) , although a U.S. [Army) Corps [of Engineers] stipulation, conflicts with the Tequesta rule of 75 LF, thus a necessity for variance. 3. Dock as planned by homeowner: o Maximum outside dimension of piling is 6'. o Allows space between piling of 6', less (2 pilings @ 9") 1.5' = 4.5' space between piling. 4. Homeowner can accommodate other requirements as follows: o Minimum MLW depth of 3' - achievable with 112' length. o To not affect seagrass area which extends 85' + from the seawall, plus allowing one small boat length (18' - 30' LF) on side of dock, achievable with 112' l.ength . o Square footage of deck as allowed by Tequesta of 500 SF per 100 LF of waterfront = 500 SF x 1.20 = 600sf allowable. - Length of 112 LF x 4.5' width = 504sf - "L" at end of dock of 6 x 15.5= 93 sf 597sf 5. All other distances or setbacks of Tequesta can be easily achieved. Mr. Niebling reported that having received a permit from the Army Corp of Engineers for a 126' dock, it would be his desire to only have a 112' dock. Bob and Leslie Cook, neighbors of Mr. Niebling, were in attendance and objected to a 126' dock, but were amenable to a 112' foot dock. Board ot Adjustment Meetinq Minutes October 18, 1993 Paqe 5 -------------------------- Boardmember Kirkland moved that applicant be approved for a 112' dock. Vice Chairman DeMott seconded the motion. The vote on the motion was: Renneth Northamer - for �illiam Rirkland - for Ray schauer - for Alfred DeMott - for Edwin Nelson - for the motion was therefore passed and adopted. V. IINFINISHED BUSINE88 There was no unfinished business before the Board. VI. ANY OT�iER MATTERS There were no other matters before the Board. Board ot Adjustment Meetinq Minutes October 18, 1993 Paqe 6 -------------------------- VII. ADJOURNMENT There being no other matters before the Board, Vice Chairman DeMott moved that the meeting be adjourned. Boardmember Kirkland seconded that motion. The vote on the motion was: Renneth Northamer - for William Rirkland - for . Ray Schauer - for Alfred DeMott - for Edwin Nelson - for the motion was therefore passed and adopted and the meetinq was adjourned at 8:00 P.M. Respectfully submitted, „/�.c� Fran Bitters Recording Secretary DATE APPROVED: n /a'/�'9� Attest: ��t �, �Q�� . Scott D. Ladd Clerk of the Board