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HomeMy WebLinkAboutDocumentation_Regular_Tab 06c_05/13/2004 • � BOARD OF ADJUSTMENT PUBLIC HEARING MEETING MINUTES MARCH 15, 2004 I. CALL TO ORDER AND ROLL CALL The Village of Tequesta Board of Adjustment held a regularly scheduled Public Hearing at the Tequesta Recreation Center, 399 Seabrook Road, Tequesta, Florida, on Monday, March 15, 2004. The meeting was called to order at 7:00 P.M. A roll call was taken by Recording Secretary Betty Laur. Boardmembers present were: Vice Chair Vi Laamanen, Boardmember Steve Pullon, Boardmember Jon Newman, and Boardmember Paul Brienza. Also in atten�lance were Village Attorney John C. Randolph and Village Planner Carol Lux, sitting in for Clerk of the Board Jeff Newell. II. APPROVAL OF AGENDA MOTION Boardmember Brienza moved that the Agenda be approved as amended by reversing the order of items 1 and 2 under New Business. Boardmember Pullon seconded the motion, which carried by unanimous 4-0 vote. The motion was therefore passed and adopted and the Agenda was approved as amended. III. APPROVAL OF PREVIOUS MEETING MINUTES :�:; t,y� .� '+� �, Board of Adjustment Meeting Minutes March 15, 2004 Page 2 Boardmember Pullon moved approval of the minutes of the meeting of February 23, 2004 as submitted. Boardmember Brienza seconded the motion. Motion carried by unanimous 4-0 vote. IV. NEW BUSINESS 1. An application from Cecilia H. Dombrowski, owner of the property located at 332 Tequesta Drive, Lot 1, Block 34, Jupiter in the Pines Section D, requesting a variance to the terms of the Official Comprehensive Zoning Ordinance 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, Side Yard Setback, to allow for the enclosure of an existing carport. The enclosure will extend 1'-4" into the side setback. The regulations require a 7-1/2' side setback for a main building or accessory building and 20 feet for any corner lot. Ms. Lux read the application request into the record. A. Swearing-In of Witnesses, if Required Acting Clerk of the Boaxd Carol Lux swore in all those intending to speak for this application. B. Disclosure of Ex-Parte Communications During disclosure of ex-parte communications, Vice Chair Laamanen, Boaxdmember Pullon and Boardmember Brienza each stated they had visited the site and had spoken to no one. Boardmember Newman disclosed that he had had no ex-parte communications. C. Testimony of Witnesses and Cross Examination, if any Board of Adjustment Meeting Minutes March i5, 2004 Page g ----------------------------------- Mr. Mark Dombrowski, son of the applicant, Cecilia H. Dombrowski, presented the request for his mother. Mr. Dombrowski explained this was an older home and was not built to today's setbacks. The request was to close in the carport to improve the property, and the encroachment into the setback was requested because there would not be sufficient room to open the car door on the passenger side and the existing exit door swung into the carport. Mr. Dombrowski explained that the enclosure would stay within the overhang of the building, and would be 4" back from the existing overhang. The new carport would be concrete block construction to match the house. Vice Chair Laamanen asked if an existing concrete structure would remain, to which Mr. Dombrowski responded the walls would stay there and the concrete slab to the south would also stay. Boardmember Newman confirmed with Mr. Dombrowski that this would be adjacent to Mars Avenue and that the request was for 1'-4", keeping under the eaves of the house. Boardmember Pullon noted the structure was already encroaching into the setback. Discussion ensued. The applicant explained that the requirements had not been the same at the time the house was built. Boardmember Brienza asked if the wall were placed where the old piers were if a vaxiance would still have been needed, since the house was nonconforming. Mr. Dombrowski indicated the Building Official had told him no; however, Village Attorney Randolph advised that a variance would be needed in that situation. Vice Chair Laamanen explained that she usually never favored extending side or front lines; however, in this case there was a buffer of grass. Boardmember Newman questioned whether the application was proper because the justification for the criteria was presented in a cover letter and each requirement was not answered individually. The Village Attorney advised the interpretarion was left to the Board and if they believed the criteria had been met they could vote on the application, but if they had any questions they should ask them and if they felt the criteria had not been met they should not grant the variance. D. Finding of Fact Based on Competent Substantial Evidence Board of Adjustment Meeting Minutes March 15, 2004 Page 4 ----------------------------------- MOTION Boardmember Newman made a motion to approve the variance to Cecilia H. Dombrowski, owner of the property located at 332 Tequesta Drive, Lot 1, Block 34, Jupiter in the Pines Section D, since based on the applicant's letter he felt all criteria had been met, and the variance granted would be to extend 1'-4" into the side setback, keeping within the overhang of the house. Boardmember Pullon seconded the motion. The vote on the motion was: Vi Laamanen For Paul Brienza For Steve Pullon For Jon Newman For The motion was therefore approved. 2. Re-organization of the Board including welcoming a new member and electing a new Chairman and Vice Chairman Mr. Lux explained that the new member had not yet been approved by the Village Council, and would hopefully be approved before the next meeting of the Board. MOTION Boardmember Brienza made a motion to nominate Vi Laamanen as Chair. Boardmember Pullon seconded the motion. The vote on the motion was: . Vi Laamanen Against Paul Brienza For Steve Pullon For Jon Newman For The motion was therefore approved. Board of Adjustment Meeting Minutes March 15, 2004 Page 5 ----------------------------------- MOTION Chair Laamanen passed the gavel to Boardmember Pullon and made a motion to nominate Paul Brienza as Vice Chair. Boardmember Pullon seconded the motion. The vote on the motion was: Vi Laamanen For Paul Brienza For Steve Pullon For Jon Newman For The motion was therefore approved. V. UNFINISHED BUSINESS Ms. Lux commented that approval of the new member hopefully would be on the Village Council agenda next month. VI. COMMUNICATIONS FROM CITIZENS Wade Griest asked if there was now a full board of five members and two alternates. The response was that Steve Gordon was now the fifth member and the new alternate member to be approved was Wade Berthoff. After Mr. Berthoff's approval, there would still be one opening for an alternate. VII. ANY OTHER MATTERS There were no other matters to come before the Board. VIII. ADJOURNMENT Upon motion by Boardmember Newman, seconded by Boardmember I Board of Adjustment Meeting Minutes March i5, 2004 Page 6 ----------------------------------- Pullon, and unanimously carried, the meeting was adjourned at 7:23 p.m. Respectfully submitted, � ����� r``�s�..� Betty Laur Recording Secretary ATTEST: Carol Lux, Acting Clerk of the Board DATE APPROVED: