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Home My WebLink AboutDocumentation_Regular_Tab 09B_03/11/2004 d3� g � y* �__ �� LLA�E �,lF TF��_��rl'� ; p F �� ' � 3 "�R'��MEI�i�I' 0� t:t)5,i�,!t;':;� � , t ;�� f�,1 �;)1','�ir'�,.�. �� . c T `1 � t�. �c't�!?f'.'it:3 �1r1�`r t �tcr ii; ,� s s i�,f " . . ._ . �3, ' '. _ _ � � t�; a � � df ! ' �` _ 3 , � m ,' �� '�,i ) �. _.. , , . F � C� H�� ; i�?riit �/l-d)�3`� B4ARD OF ADJUSTMENT PUBLIC HEARING MEETING MINUTES JANUARY 26, 2004 I. CAGL TO ORDER AND ROLL CALL The Village of Tequesta Board of _Adjustment held a regularly scheduled Piiblic Hearing at the Tequesta Recreation Center, 399 Seabrook Road, Tequesta, Florida, on Monday, January 26, 2004. The meeting was called to order at 7:02 P.M. by Chair Jim Humpage.. A roll ca11 was taken by Recording Secretary Betty Laur. Boardmembers present were: Chair Jim Humpage, Vice Chair Vi Laamanen, Boardmember Steve Pullon, Boardmember Jon Newman, and Boardmember Paul Brienza. Also in attendance were Village Attorney Scott G. Hawkins and Village Planner Carol Lux, sitting in for Clerk of the Board Jeff Newell. II. APPROVAL OF AGENDA MOTION Boardmember Newman moved that the Agenda be approved as submitted. Vice Chair Laamanen seconded the motion, which carried by unanimous 5-0 vote. The motion was therefore passed and adopted and the Agenda was approved as submitted. Board of Adjusiment Meeting Minutes January 26, 2004 Page 2 III. APPROVAL OF PREVIUUS MEETING MINUTES Boardmember Newman moved approval of the mi�utes of the meeting of December 15, 2003 as submitted. Vice Chair Laamanen seconded the motion, which carried by unanimous 5-0 vote. IV. NEW BUSINESS An application from Richard and Pavla Tweedle, owners of the property located at 367 Church Road, Lot 12, Block 31, Jupiter in the Piaes, re�uesting a variance to the terms of the Official Comprehensive Zoning Qrdinance of the Village of Tequesta, Ordinance No. 355, as amended, Section VII, Schedule of Regulations and Application of Regulations, Subsection (C), Schedule of Site Requirements, R-1 District, Rear Yard Setback, to allow for the construction of a 20'x 25' one story addition to extend within the 20' rear setback. The addition is to extend 10 feet into the rear yard setback for s total proposed rear setback of 10 fee� This item was tab�ed fram the Board of Adjustment Meeting on November 17, 20�3. Ms. Lux read the application request into the record. A. Swearing-In of �itnesses, if Requircd Acting Clerk of the Board Carol Lux swore in all thase intending to speak for this application. B. Disclosure of Ex-Parte Communications During disclosure of ex-parte comrnunications, Chair Humpage, Vice Chair Laamanen, Boardmember Pullon, and Boazdmember Brienza each stated they had visited the site and had spoken to no one since the Board of Adjustment Meeting Minutes January 26, 2004 Page 3 ----------------------------------- last meeting on December 15, 2003. Boardmember Newman reported no ex-parte communications. C. Testimony of Witnesses and Cross Examination, if �ny Mr. Richard Tw�edle advised he would like to keep the floor level the same throughout the house. Boardmember Newman indicated a hold hannless agreernent wou�d be needed. Chair Humpage advised that at the December meeting, the Board ha.d tried to recognize there would be a need for an elevation change and that request needed to be on the record and needed to be advertised. MOTION Boardmember Newman made a motion to approve the application from ltichard and Paula Tweedle for the property located at 367 Church Road, Lot 12, Block 31, Jupiter in the Pines, for a variance regarding the height elevation of two additional inches providing the Village was provided with a hold harmless agreemen� Vice Chair Laamanen seconded the motion. The vote on the motion was: Jim Humpage For Vi Laamanen For Paul Brienza For Jon Newman For Steve Pullon For The motion was therefore approved. V. UN�INISHED BUSINESS An application from G. Thomas and Patricia Lang, owner of the property located at 358 West Riverside Drive, Lot 5, Block 4, Riverside on the Loxahatchee, requesting a variance to the terms of the Official Board of Adjustment Meeting Minutes January 2b, �004 Page 4 ------------------------------------ Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, Section X Supplemental Regulations Applying to Specific, to Several or to All Districts, A. General Provision, 1. Miscellaneous Structures, (d) to allow for the construct�on of a chain link fence that extends past the front of the house along the northern boundary to attach to the concrete wall eacisting at the front of the house. This item was tabled from the Board of Adjustment Meeting on � November 17, 2004. Ms. LuY read the request into the record. A. Swearing-In of Witnesses, if Required Acting Clerk of the Board Carol Lux sWOre in all those intending to speak for this application. B. Disclosure of Ex-Parte Communications During diselosure of ex-parte communications, Chair Hu.mpage and Boardmember Pullon each stated they had visited the site and had spoken to no one since the meeting on November 1'�, 2003. Vice Chair Laamanen and Boardmember Brienza each stated they had visited the site and had spoken to no one. Boardmember Newman reported no ex-parte communications. C. Testimony of Witnesses and Cross Examination, if any Mr. G. Thomas Lang expressed appreciativn for the opportunity to discuss his application with the board and vvith Ms. Lux, and commented there were three reasons why he thought the Boaxd should consider a variance. The additional fence would be the same as the e�sting fence, which would be extended to the concret� wa11 nu�ning along the road and would not be visible except by the neigl�bor to the immediate north, who had no issue with this. Mr. Lang indicated the if Board of Adjustment Meeting Minutes January 26, 2004 Page 5 __---�----------------------------- it were not for the concrete wall which was 5-1/2' ta11 in front of their home he would not be here tonight, and he respected the purpose of the orciinance and the effort the board had to inake in order to have front yard appearances appropriate in the community. Mr. Lang commented he was here because of an issue of safety and to be a good neighbor. Mr. Lang advised that he and his wife were pet owners and grandparents. They had the invisible fence for the pets but that did not work all the time. Mr. Lang commented that before they would plant along that property line, the shorter fence would ensure their pets would not intrude on his neighbor to the north, and sooner or later som�one would be building on that lot. Mr. Lang commented he liked safety for youngsters and remembered his ability to get through hedge rows as a youngster, and kids could go through hedges. Mr. Lang commented he believed this was a case of a special situation with a concrete wall that would hide any view of the fence from the street. The existing fence was 4' high. Chaar Humpage asked what was on the south property line, to which Mr. Lang responded there was a hedge that ran from the river out to the cement wall and had been in place a number of years. Mr. Lang stated he would love to do the same thing there but it was not practical due to the way the property was in place and that was not his request here tonight. Mr. Lang confirmed the request was not to replace an existing fence, but to add on to one which now ran from the river east a couple of hundred feet and it was about half way from the river to the eement wall. Mr. Lang confirmed there was no fence on the south boundary. Chair Humpage commented under the code Mr. Lang could construct the fence to the front of the home, which Mr. Lang verified, and that Mr. Lang's request for a variance was therefore only from the front of the home to the existing entry to the property. Chair Humpage commented the Board was trying to stop walls from going up neighbor to neighbor and in reading Mr. Lang's explanations for the six criteria required to be met, in item 3 he had mentioned other properties that did have fences. Chair Humpage noted the properties mentioned by Mr. Board of Adjustment Meeting Minutes January 26, 2004 Page 6 ----------------------------------- Lang all had S-diget addresses, which meant they were former Palm Beach County prop�rties that had been annexed into the Village, and if they had originally been Tequesta properties those fences would not have been approved. Chair Humpage commented that Tequesta addresses were 3 digits, �.nd Jupiter addresses had 4 digits. Chair Humpage noted there was a fence that was ready to fall down, and asked if it fe11 down whefiher the owner would be allowed to replace it. Village Attomey Hawkins responded that he would be required to conform to Tequesta's eode with respect to variances. Chair Humpage expressed concern if this variance request was granted as to what he would tell Mr. Lang when he wanted to put a fence on the south property line, or if his neighbor made that request. Mr. I,ang stated he would sign an a�"idavit that he would not make that request; that he believed this Board should look at situations that should be exceptions, and he believed the primary purpose of the ordinance was visually from the street, and whether there was a fence or not there would be same type of planted barrier. Mr. Lang commented this happened only because of the cement fence along the road, which made this a unique situation. Mr. Lang stated he did not try to find all the exceptions, and there were many throughout the community, and he suggested not all were 5-diget addressed. Cha.ir Humpage agreed. Chai� Humpage advised that one of the criteria wa� that applicants must meet all six criteria for a variance and he was not sure that the property or the Village was a result of this condition, which was one of the requirements. Chair Humpage commented he understood what Mr. Lang was offering. Chair Humpage stated he preferred a live barrier and did not wish to have fences or wa11s continuing to come up in the village and liked to drive down the streets and see the houses. Chair Humpage stated it was his opinion that all six of the criteria had not been satisfied by the application. Mr. Lang requested he be more specifzc. Chair Humpage commented for instance the first item that must be met stated that a special condition and circumstance exists Board of Adjustment Meeting Minutes January 26, 2004 Page � ----------------------------------- which are particular to the land, structure, or building involved and which are not applicable to other land, structures, or buildings in the sa�ne zoning dismict; if he took that under consideration from the time the ordinance was written--because some of these e�sted before the ordinance and were grandfathered in—he was not sure whether that was satisfied. Mr. Land responded that the special situation was the cement wall along the road, which made it different and unique. Chair Humpage read the justification statement submitted by Mr. Lang, and noted the Board was considering the side yard forward of the building line. Mr. Lang commented it was not his intent as a new member of the community to argue, but he had tried to lay out what he believ�d was unique. Chair Humpage commented the Board would like for the aesthetics of the Village to be a�hieved through another venue such as a live hedge, and noted he had expressed that to Mr. Lang's representative and had asked him to have Mr. Lang consider that. Mr. Newman commented he had the same situation at his residence, with a concrete wall in front and a fence along the side up to the front of the house. Mr. Newman explained that he had three sma1l children, and Y�is wife had asked him to close off the open area with a gate, but he knew there was no way he could justify the six criteria required. Mr. Newman commented he had reached a compromise with his wife by putting in a thick barrier hedge from the front of the house along the side connecting to the wall. Mr. Newman indicated he would have a hard time approving this va.riance, and agreed with Chair Humpage. Mr. Newman indicated he also saw Mr. Lang's side of it since if there was a fence no one could see it from the road. Chair Humpage advised it was the Board's job to abide by the ordinances as written; but maybe some of the ordinances should be revised. Mr. Lang commented if no accidents occurred as a result of this everytlung would be fine; however, if it went the other way, he had heaxd from the Board that it would not be visible from anywhere, and he assumed the vote would go against him, and he would leave the meeting not understand.ing why that was so. Board of Adjustment Meeting Minutes January 26, 2004 Page 8 MOTION: Boardmember Newman made a mo�ion to disapprove the application from G. Thomas and Patricia Lang for the property located at 358 West Riverside Drive, Lot 5, B�ock 4, Riverside on the Loxahatchee, requesting a variance to allow for the construction of a chain link fence that extends past the front of the house along the aorthern boundary to attach to the concrete wall existing at the front of the house, due to the fact that the applicant had nat adequately met criteria 1 or 6 for the fence. �ice Chair Laamanen seconded the motion. Jim Humpage For Vi Laamanen For Jon Newman For Paul Brienza For Steve Pullon For The motion theref4re carried by unanimous 5-0 vote. Mr. Land asked the process for appealing the Board's decision. Attorney Hawkins advised Section 13 of the Village Code contained the information on his rights. Mr. Humpage advised that Mr. Lang was entitled to the record and minutes of thismeeting as a matter of public record. �. COMMUNICATIUNS FROM CITIZENS There were no communications from citizens. VI. ANY UTHER MATTERS Chair Humpage announced there was still a vacancy for an alternate member, Board of Adjustment Meeting Minutes January 26, 2004 Page 9 ----------------------------------- and since there would not be another meeting before the March 9 election that he was aware of, an the agenda for the next meeting he must resign in order to run for Village Council. Ms. Ltix announced the Village had been advertising for the altemate position and one gentleman from Beach Road had taken an application. Mr. Pullon reported he was working on his neighbor to become a member. Mr. Humpage commented if he did not win the election he c�uld re�pply. Attarney Hawkins advised this issue should be addressed after Mr. Humpage's letter of resignation was received. Mr. Newman commented in the past there had been pamphlets of guidelines for meeting criteria, and asked if those were available. Mr. Humpage indicated he would look, but all six of the criteria must be satisfied. Mr. Pullon asked if there would be personal liability to the board members if so�neone was injured on Mr. Lang's property as a result of tonight's decision, to which the Attomey responded no. . VII. ADJOURNMENT Upon motion by Boardme�ber Newman, seconded by Boardmember Pullon, and unanimously carried, the meeting was adjourned at 7:36 p.m. Respectfully submitted, �►�.�" �� .��,: � ' ._ Betty Laur Recording Secretary � ,�;� ATTESTa � � � �`�� - �, � , . �''-�, ( / ._��' .. l.._,:j � i_:., ' 9 ..±_% Board of Adjustment Meeting Minutes January 26, 2004 Page lo ----------------------------------- Carol Lux, Acting Clerk of the Board DATE APPROVED: .� -�.�. .. _� - C, ��