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HomeMy WebLinkAboutMinutes_Board of Adjustment_02/11/2013 Board of Adjustment MEETING MINUTES February 11, 2013 CALL TO ORDER AND ROLL CALL The Village of Tequesta Board of Adjustment held a regularly scheduled meeting at the Tequesta Village Hall, 345 Tequesta Drive, Tequesta, Florida, on Monday, February 11, 2013. The meeting was called to order at 6:00 p.m. A roll call was taken by Gina Lawrence, Community Development Clerk, who noted the following were present: Chair Steve Pullon, Vice Chair Paul Brienza, Board Member Randy Kaye Garvey, Board Member Matt Belger, Alternate Ward Bertholf, and Alternate Leslie Dasher. Also present were Community Development Director Nilsa Zacarias, Village Attorney Jennifer Gardner Ashton, and Community Development Clerk Gina Lawrence. Board Member Jon Newman was absent from the meeting. APPROVALOFAGENDA MOTION " Board Member Bertholf moved to approve the agenda as submitted. Board Member Belger seconded the motion, which carried by unanimous 5-0 vote. 1. APPROVAL OF PREVIOUS MEETING MINUTES MOTION Board Member Bertholf moved to approve the minutes of the December 10, 2012 meeting as submitted. Board Member Belger seconded the motion, which carried by unanimous 5-0 vote. 2. NEW BUSINESS Community Development Clerk Gina Lawrence read the following request for variance into the record. VAR 01-13 Request for relief from Sec. 78-284 to allow the installation of a privacy fence and columns forward of the building front, where the code prohibits fences to be located forward of the adjacent or nearest portion of the building front. The applicant is James Swistock. The address of the property is 283 River Drive, Tequesta, Florida 33469. The legal description is Lot 72, Tequesta Subdivision. The property is located in Zoning District R-1A. A. Swearing In Attorney Ashton swore in all those intending to speak on this matter. Board of Adjustment MEETING MINUTES February 11, 2013 Page 2 of 3 B. Disclosure of Ex-Parte Communications Chair Pullon, Vice Chair Brienza, Board Member Garvey, and Board Member Belger each disclosed that they had visited the site but spoke to no one. Board Member Bertholf reported he had spoken to no one and had not visited the site. C. Testimony of Witnesses and Cross Examination, if any Robert Gertz, Contractor, advised Mr. and Mrs. Swistock purchased the property and had admired the neighbors' gates and walls, and wanted to do the same for their home. This would reduce his liability insurance premium. The Planning and Zoning Board had granted approval for the gate and columns, and this would enclose the property with matching columns and open railing. Mr. Swistock was sworn in and advised they were part-time residents and wanted to enclose the property to deter intruders. The requested design extended forward to deter people using the front area as a turn-around and damaging the property. Community Development Director Zacarias distributed copies of a letter received from neighbors. Mr. Zircross, neighbor at 287 River Drive, asked for design details. Ms. Zacarias explained the information was available in the �ommunity Development Department, and passed around a drawing to the neighbors. John Nys, the neighbor at 277 River Drive advised he previously signed a petition against the fence but since it was open railing and not blocking the view he had no objections. Attorney Ashton explained cutting off the view was not a legally binding reason to approve or deny a variance, and the specific criteria the Board was to use to approve or deny the variance had been provided. She confirmed the side fences were just inside the property line and not an issue. There was no code on fencing materials. Details of the design were discussed and described by the Contractor. Community Development Director Zacarias described other neighbors who had obtained variances in 1992 and 1993; this code has changed many times. Chair Pullon advised no variance was required for a hedge. The Contractor reported other neighbors had more obstructive enclosures that appeared new. Mr. Nys expressed concern regarding setting a precedent. Attorney Ashton explained comparing properties did not matter—the criteria must be met. D. Finding of Fact Based Upon Competent Substantial Evidence Board of Adjustment MEETING MINUTES February 11, 2013 Page 3 of 3 MOTION Board Member Brienza moved to deny the request for a variance to allow installation of a privacy fence and columns forward of the building front on the property located at 283 River Drive, Tequesta, Florida, since the criteria for approval had not been met. Chair Pullon seconded the motion. The vote on the motion was: Steve Pullon — for Paul Brienza - for Randy Kaye Garvey — against Matt Belger - for Ward Bertholf - against The motion to deny the request was passed by 3-2 vote. PUBLIC COMMENT - None BOARD COMMENTS - None ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at 6.�27 p.m. Respectfully submitted, �: � . t � �� l� ` f , G'ina Lawrence Community Development Clerk Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the Village Clerk. All referenced attachments are on file in the Village Clerk's office.