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HomeMy WebLinkAboutDocumentation_Regular_Tab 05B_02/12/2004 r ' � v � � VILLAGE OF TEQUESTA "��`� Post �ffice Box 3273 • 250 Tequesta Drive, Suite 300 - ��` � Tequesta,Florida 33469-0273 • (561)575-6200 •. �`, � Fax:(561y 5?5-6203 • 4 N { C . . - .. BOARD OF ADJUSTMENT PUBLIC HEARING . MEETING MINUTES DECEMBER 15, 2003 L 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, December 15, 2003. The meeting was called to order at 7:05 P.M. by Chair Jim Humpage.. A roll call was taken by Recording Secretary Betty Laur. Boardmembers present were: Chair Jim Humpage, Vice Chair Vi Laamanen, Boardmember Steve Pu11on, Boardmember Jon Newman, and Boardmember Pau1 Brienza. Altemate Steve Gordon was present in the audience, Also in attendance 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 Newman moved that the Agenda 6e approved as submitted. Vice Chair Laamanen'seconded the motion, wluch carried by unanimous 5-0 vote. The motion was therefore passed and adopted and the Agenda was approved as submitted. III. APPROVAL OF PREVIOUS MEETING MINUTES F.ecyclee PaQer, � . ,� � ` � . �.�;• ';� � '� � y � 'I7i Board of Adjustment '; Meeting Minutes December 15 , 2003 ; Page 2 . , Vice Chair Laamanen moved approval of the minutes of the meeting of November 17, 2003 as submitted. Boardmember Brienza seconded the motion, which carried by unanimous 5-0 vote. IV. NEW BUSINESS 1. An application from Maurice and Barbara L. Fishman, owners of the property located at 127 Point Circle, Lot 34, Tequesta Country Club, 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-1A District, Front Yard Setback, to aliow for the construction of a house located forward of the building line which establishes the required lot width of 100' (feet) and as defined in Section IV, Definitions, (47) Building Line. � A Iine on a lot, generally, but not necessarily, parallel to a lot line or road right-of-way line, located a sufficient distance therefrom to provide the minimum yards required by the zoning code. The building line delimits the area in which buildings are permitted subject to all applicable provisions of the zoning code. A. Swearing In of Witnesses, if Required t�cting Clerk of the Board Carol Lux swore in all those intending to testify. B. Disclosure of Ex-Parte Communications Chair Humpage, Vice Chair Laamanen, and Boardmember Pullon reported visiting the site and speaking to no one. Boardmember Brienza and Boardmember Newman reported � '� , , .1 � � 1 Board of Adjusiment Meeting Minutes � December �, 2003 Page 3 they had had no ex-parte eommunications. C. Testimony of Witnesses and Cross Ezamination, if any Jay Parker, agent for Mr. and Mrs. Fishman, a real estate broker � � ` with Water&ont Properties in Jupiter and Tequesta., reported . they were under contract for the property at 127 Point Circle and their intent was to build a new home. A variance was needed to remove the existing house and construct a new one, since the property was now non-conforming and not bui.ldable because of the 100' setback. The vaxiance was being requested in order to allow constn�.cti.on of a new home. Due diligence had been done, and the same plan as Nir. and Mrs. Fishman's cuirent home in Ibis was planned to be constructed on this property, and it would be within the required setbacks of Tequesta Country Club. Mr. Pullon commented the survey was dated 198 }. and confirmed it was for the house currently on the properiy, not the new proposed house. Ms, Lux advised new plans were submitted but not distributed to the board. Ms. Lw� confirmed that the application conformed with all other setbacks except the 100' line. Mr. Parker advised there would be two bedrooms upstairs. Vice Chair Laarnanen requested the building height, to which Ms. Lux responded Mr. Newell had indicated no . other variances were required except the 100' line so elevations were not reques�ed. Chair Huiripage commented the normal front setback in R1A was 25 feet. The board discussed the fact that all homes on tlus point would be non conforming and would be coming in for variances. 'There were no comments from the public. It was noted the new plan would place the home 45' closer to the street but it would still comply with the normal setback. Mr. Humpage noted the Board had been told all criteria for all setbacks and elevations were in compliance. Ms. L� confirmed that was true according to Mr. Newell. MOTION Boardmember Newman made a motion to approve the application . � a � .S . 1 4 C'f ':i Board of Adjus#ment Meeting Minutes December i.,S, Zoo3 ; Page 4 from Maurice and Barbara L. Fishman for the property at 127 Point Circle, Lot 34 as submitted, based on all other criteria being met with the exclusion of the lot width being less than 100'. Vice Chair Laamanen seconded the' motion. Chair Humpage questioned if the elevation showed mare than 18" above the highest ��� . point in the road since that was not before the board now, if this applicant would have to come back and pay $300 more. Ms. Lux confirmed they would but stated it was supposed to be in conformance. Mr. Parker advised that Mr. Newell had only requested a conceptual site plan. Discussion ensued. Attorney Randolph advised the Board only had conceptual plans and by this approval the applicant could build any size house within the setbacks, but if lot coverage or elevation was non-compliaat the applicant would have to come back before the board. Boardmember Newman re-stated �he motion that approval was on the basis of the 100' line only and applicant must comply with all other se�back requirements within the Village of Tequesta. Vice Chair Laamanea seconded. The vote on the motion was: Jim Humpage For . Vi Laamanen For Paul Brienza For Jon Newman For Steve Pullon For TLe motion was therefore approved. V. UNFINISHED BUSINESS An application from Richard and Paula Tweedle, owners of the property located at 367 Church Road, Lot 12, Block 31, Jupiter in the Pines, requesting a variance to the terms of the Ufficial Comprehensive Zoning Ordinance of the Village of Tequesta,, Ordinance No. 355, as amended, Section VII, Schedule of Regulations and Applicatioa 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 setbaclz. The addition is to extend 10 feet into ' � „ , ; '4 ; e :; Board of Adjustment Meeting Minutes December �, 2003 Page 5 the rear yard setback for a total proposed rear setback of 10 fee� A. Swearing-In of Witnesses, if Required Acting Clerk of the Board Carol Lux swore in all those intending to speak � �� � for �liis application. B. Disclosure of Ex-Parte Communicatioas During disclosure of ex parte communications, Chair Humpage and Boardmember Pu11on stated they�, had visited the site and spoke to no one. �Tice Chair Laamanen stated she had visited the site and had spoken to one of the owners of �e property. Boardmember Brienza and Boardmember Newman. reported they had had no ex-parte communications. � C. Testimony of Witnesses and Cross Ezamination, if any Mr. Richard Tweedle advised he and his wife had modified their request from 10' to 5' into the setback, and without 5' they could only build a 10' room on the back which would only be about 8-1/2' inside. Mr. Tweedle reported his 82-year-old mother-in-law would be moving in, and they had two children, so needed more room. The property had been found to be more than 18" above the crown of the road. Village Attomey Randolph advised a variance to the height could not be voted on tonight because it had not been advertised, and the applicant would have to come back. Ms. Lux advised. the elevation was only at 7'-02" which was below the 8-1/2' requirement. The Village Attorney advised that the board could give the applicant an indi.cation of their feelings regarding the height variance. Chair Humpage commented typically the Board had approved such variances with a hold harmless agreement with the Village. Boardmember Pullon commented he had tried to tell the applicant at the la:st meeting this property might not be in compliance with the 18" and 8-1/2' feet above the crown of the road, since it had. happened to him. Attomey Randolph advised even if the board voted conditioned upon it being advertised, a permit could � . 1 i IE '� Board of Adjustment Meeting Minutes ; December �, 2003 . :; Page 6 not be issued until it came before the board, and the only advanta.ge would be to save the applicant a trip back before the board subject to being advertised and if there were no objections from the public. Discussion ensued regarding the proper measurements for the property and the addition since measurements on the original submittal dra.wing ��� were different than on the survey. Attorney Randolph advised since the encroachment was less than originally submitted it was less restrictive and the board could approve that. Vice Chair Laamanen sta.ted her standard complaint was there was a. 9'-6" side wall and she was looking for a window to break it up. Mr. Tweedle advised there was a window and he would have three windows on that wall. Mr. � Tweedle advised that the roof line would be a continuation of the existing roof. During comments from the public, Ann Knowling 364 Beacon, directly behind the applicant, commented she was concemed about something built close to her property line and that it might be two stories. Chair Humpage advised'that 2 stories were allowed within the R1A zone. Mr. Tweedle advised that they were asking for a miniinum variance. Mr. Tweed�e verified on the drawi.ng that they were asking for a 5' encroachment into the setback, and 10' was originally requested so 10' was correct as advertised . Mr. Tweedle stated the addition would now be 15' x 25'. Chair Humpage confirmed the initial request was for a 10' variance wluch had now been reduced to 5' . MOTION Boardmember Pullon made a motion to approve the application from R.ichard and Paula Tweedle for the property located at 367 Church Road, Lot 12, Byock 31, Jupiter in the Pines, for a variance with the addition to the home coming no closer than 15' from the rear property line and complying with all setback and finish floor elevations. Vice Chair Laamanen seconded the motion. Discussion of the motion included the possibility of requiring a deed restriction and of screening the property from the neighbor ; . i � � � Board� of Adjustrnent Meeting Minutes 2 December i5, 2003 Page � to the rear with landscaping. The Village Attorney recommended including in the existing motion that a deed restriction be recorded which contains a provision which will provide that the hedge be located to screen the addition from view from �he adjacent property owner a� a minimum height of 10 feet and that the deed �"� restriction be recorded. Following discussion, Boardmember Pullon modified and re-stated the motion to accept the variance with the addition no closer than 15' from the rear property line, to comply with all other setbacks and finish floor elevations, and that the owners be required by deed restriction to maintain a 10' lugh hedge at the rear of the property to screen the neighbor to the north. Vice Chair Laamanen seconded the motion. The vote on the motion was: � Jim Humpage For � Vi Laamanen For Paul Brienza �or Jon Newman For � Steve Pullon For The motion was therefore approved. 2. 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 Lozahatchee, requesting a variance ta the terms of the Official Comprehensive Zoniag Ordinance of the Village of Tequesta, Qrdinance No. 355, as amended, Section X Supplemental Regulations Applying to Specific, to Several or to All Districts, A. General Provision, l. Miscellaneous Structures, (d) to allow for the construction 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. Ms. Lux read the request into the record and advised that tlus item was removed from the agenda by the applicant, Mr. Thomas Lang, and he had requested it be tabled to the January meeting as he would not be available r , :� .; 3 , Board of Adjustment Meeting Minutes December �, 2003 Page 8 � until after the holidays. V. COMMUNICATIONS FROM CITIZENS � � Wade Grrie`st, Dover Road, wished everyone a merry Christmas. VI. ANY OTHER MATTERS � Chair Humpage announced there was an altemate member in the audience as well as another person who might consider becoming an altemate. Vice Chair Laamanen indicated she wanted discussion of zoning code violations around the Village for things that should have come before this board, and reported she had spoken to Ms. Lux and ;the code enforcement of�icer who was supposed to respond back but had not. The Village Attomey advised that it was not appropriate to discuss this at a Board ,of Adjustment meeting, and the people could be told they were in violation and needed to come for a variance. Chair Humpage advised Vice Chair Laamanen to plague the Code Enforcement people, VII. ADJOURNMENT Upon motion by Boardmember Newman, seconded by Boardmember Pullon, and unanimously carried, the meeting was adjourned at 7:55 p.m. � Respectfully submitted, Betty Laur Recording Secretary � �4 � Y . a Board of Adjustment Meeting Minutes a December �, 2003 ; Page 9 ATT'EST: ��� Carol L�, Acting Clerk of the Board DATE APPROVED: