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HomeMy WebLinkAboutMinutes_Board of Adjustment_11/17/2003 T r � � VILLAGE OF TEQUESTA ':� 1 Post Office Box 3273 • 250 Tequesta Drive, Suite 300 \� a Tequesta, Flerida 33469-0273 • (561) 575-6200 f � ;.. _ �� F�: (561) 575-6203 � 4 N '� BOARD OF ADJUSTMENT PUBLIC HEARING MEETING MINUTES NOVEMBER 17, 2003 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, November 17, 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, and Boardmember Steve Pullon. Boardmembers Jon Newman and Paul Brienza, and Alternate Steve Gordon were absent from the meeting, 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 Vice Chair Laamanen moved that the Agenda be approved with the addition of the meeting minutes of August 18, 2003 for consideration of approval. Boardmember Pullon seconded the motion, which carried by unanimous 3-0 vote. The motion was therefore passed and adopted and the Agenda was approved as amended. III. APPROVAL OF PREVIOUS MEETING MINUTES Recycled Paper Board of Adjustment Meeting Minutes November 17 , 2003 Page 2 Boardmember Pullon moved approval of the minutes of the meeting of August 18, 2003 as submitted. Vice Chair Laamanen seconded the motion, which carried by unanimous 3-0 vote. Vice Chair Laamanen moved approval of the minutes of the meeting of September 15, 2003 as submitted. Boardmember Pullon seconded the motion, which carried by unanimous 3-0 vote. Chair Humpage announced that the Board of Adjustment consisted of five members and to be successful in granting a variance there must be 3/5 voting for approval. When only three members were present an applicant's odds of getting approval could be less since all three must vote in favor for a variance to be granted, and the option was given to applicants before making their presentations to delay to the next scheduled meeting of the board. It was explained that at the last meeting a variance had not been granted since the vote was 2-1; however, in that particular case, when the situation was explained to the applicant, the member who had voted against the application realized he had based his vote on information that he had misunderstood and changed his vote, so that it then passed 3-0. Mr. Tweedle, one of the applicants, commented he had waited almost two months and with the next meeting being in December around the holidays the same thing might happen and it could be 5 months for him to wait, but he did not want to lessen his odds of approval. Village Attorney Randolph advised that the Clerk would do everything she could to see there was a full Board; and there was another procedure that could be done but which the Board did not usually do, which was to hear the application and after presentation if it looked like it was not going the applicant's way and if the board agreed, the applicant could then request deferral to a subsequent meeting. Chair Humpage stated he had no problem hearing evidence and getting a feel for where the application was going, and he would ask at a certain point if the applicant wanted to continue. Vice Chair Laamanen indicated she had no problem with this procedure. Mr. Beincasa, representing Mr. and Mrs. Lang, indicated he wished to Board of Adjustment Meeting Minutes November 1�, 2003 Page 3 ----------------------------------- proceed. IV. NEW BUSINESS 1. 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 Of�cial Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, Section VTI, 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 a total proposed rear setback of 10 feet. The Village Attorney read the application description 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 Eg-Parte Communications During disclosure of ex-parte communications, Chair Humpage and Boardmember Pullon stated they had visited the site and spoke to no one. Vice Chair Laamanen stated she had visited the site and had spoken to one of the owners of the property. C. Testimony of Witnesses and Cross Examination, if any Mr. Richard Tweedle commented he was a 12-year resident whose Board of Adjustment Meeting Minutes November 1�, 2oog Page 4 ----------------------------------- children had grown up on Church Road, and the reason for the application was to request an addition to the house to create more space. He and his wife had agreed they would like his mother-in-law to move in, commenting she now lived in California and had been only about 10 miles from the recent fires. Mr. Tweedle's mother came from New York to visit for two months each year, and they had two children, and could not afford to purchase a four-bedroom home in Tequesta. Mr. Tweedle explained there were 13 children on this street and they all watched out for them, that on Sundays he and his wife rode bikes to Publix, and his mother and mother-in-law walked to the library, and they liked this village.. Mr. Tweedle stated he wanted to add space to the back of his home, and if he could not get the requested amount of footage perhaps there could be a compromise. Chair Humpage commented a letter of objection had been received from Raymond F. Carulli, 9282 Yardarm Terrace, Hobe Sound, Florida. Mr. Carulli was present and introduced himself, and stated that he and Ann Nolan owned the home behind the Tweedles and Ann Nolan lived there, and they were concerned that the improvements would last much longer than the families who lived there. Mr. Tweedle expressed his opinion that enforcing the zoning should continue unless there were extenuating circumstances. Chair Humpage noted that the letter was about current zoning ordinances and opposed granting the variance, and that the letter would be made a part of the record. A copy of Mr. Carulli's letter has been attached to and made a part of these minutes as "E�iibit A". Mr. and Mrs. Tweedle were given a copy of the letter to read. Boardmember Pullon advised that finish floor elevation must be 8-1/2' above mean sea level and 18" above the crown of the road, and he did not see finish floor elevation marked on Mr. and Mrs. Tweedle's survey. Village Attorney Randolph advised in light of the letter and objection, and before a great deal of discussion , asked if any one of the members of the Board was inclined not to approve this application so the applicant could know which way they should go. Vice Chair Laamanen stated she had spoken to Mrs. Tweedle that day and expressed her feelings. Vice Chair Laamanen stated that whole area was Board of Adjustment Meeting Minutes November i�, 2oog Page 5 built a long time ago when Tequesta had a different face and was occupied by retired couples in small homes on small lots, and expressed her opinion that unfortLUiately the zoning had eroded there and she had seen some things for which the zoning had never been approved. Vice Chair Laamanen stated she thought this Board tried to work things out with applicants to make the applicant's request as feasible as possible without infringing on the neighbors. Vice Chair Laamanen stated this Board should stand up for what it did and not force neighbors not to talk to each other; and she felt this was a strong Board capable of making decisions based on what was before them, and the only reason she voted against an application was infringement on the zoning and the neighbors. Mrs. Laamanen stated she had been involved in government more than 30 years and tried to work with applicants. Mrs. Tweedle indicated she was willing to make a few changes to work together, to try to work things out and make everyone happy. Vice Chair Laamanen commented her concern was when the applicant extended a solid wall that far back, and suggested it could be broken up, possibly by adding a window, and the applicant was losing almost their entire back yard so possibly could shorten the proposed addition. Mrs. Tweedle stated they were willing to cut down if needed. Mr. Tweedle stated if they could have 5' instead of 10, he could get a regular size bedroom and not have to have an 8' room. Boardmember Pullon advised that it was this Board's job to look at the minimum variance that would work, to make the applicant and the neighbor happy. Mr. Pullon expressed his opinion that 10' was a lot, that anytime a neighbor went home unhappy that was not good, and compromise had been a solution on many occasions in the past. Mr. Tweedle stated half of it would work, and Mrs. Tweedle asked if that was acceptable. Chair Humpage stated the Board had an obligation to all citizens of the Village and there were six criteria that must be met in order for a variance to be granted, and although the Board was willing to work with the applicant, the first two were rather stringent. Chair Humpage read aloud the first two criteria: (1) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. No Text Board of Adjustment Meeting Minutes November i�, 2003 Page 6 (2) That the special conditions and circumstances do not result from the actions of the applicant. Chair Humpage he thought a full Board would work with the applicant and rather than surmise what might happen tonight, he recommended that the applicant provide a sketch using 5'. Chair Huxnpage noted Mr. and Mrs. Tweedle had mentioned in their letter that a neighbor had received a 2- story variance, and that would not interfere with the green space the Board was trying to preserve. Chair Humpage commented the applicant had heard that the Board tried to work with residents and granted minimum setbacks, and his interpretation of a minimum setback might be different than that of other Boardmembers, so he suggested waiting and coming up with a couple of game plans. Mr. Tweedle responded there were not a lot of game plans to come up with, that he did not want a second story, that he agreed they should wait but they had waited 2-1/2 months and if they could get a variance he was willing to wait. Boardmember Pullon commented if the Board voted tonight the applicant might not get what they were looking for and he was not asking for the plans to be re-done, just make a sketch of the minimums, and that might be helpful in reaching a resolution. Boardmember Pullon advised the applicant to check the finish floor elevations. Attorney Randolph commented if the applicant was asking this to be delayed to the December 15 meeting if all the members could be present. Boardmember Laamanen stated she would defer her trip one day so she could be present for the December 15 meeting. Mr. Pullon and Chair Humpage indicated they could attend. A member of the audience asked if this was being done based on an unsatisfied neighbor or on criteria. Chair Humpage advised there were six criteria that must be met and the first two were critical to this decision; and a full panel Board might be advantageous. Mr. Carulli asked if it was the burden of the applicant to prove that special conditions and circumstances existed. Village Attorney Randolph advised that the applicant had the burden of proving to the Board that all criteria had been met, point by point. Mr. Carulli pointed out the applicant's letter to the Board had not mentioned any of the points, and the Board had not mentioned all the criteria. Attorney Randolph advised there was no reason to discuss this further tonight since it could be addressed at the meeting to which this would be Board of Adjustment Meeting Minutes November 1�, 2003 Page � ----------------------------------- deferred, and advised the Board did not need to mention the criteria because they knew what the criteria were. MOTION: Boardmember Pullon made a motion to table consideration of granting a variance to Richard and Paula Tweedle for property located at 367 Church Road, Lot 12, Block 31, Jupiter in the Pines, to allow for the construction of a 20'x 25' one story addition to extend within the 20' rear setback at the request of the applicant. Motion was seconded by Vice Chair Laamanen. The motion carried by unanimous 3-0 vote. 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 Loxahatchee, requesting a variance to the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, Section X Supplemental Regulations Applying to Speci�c, to Several or to All Districts, A. General Provision, 1. 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 existing at the front of the house. Village Attorney Randolph read into the record the description of the requested application. 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 disclosure of ex-parte communications, Chair Humpage, Vice Chair Laamanen, and Boardmember Pullon stated they had visited the site and spoke to no one. C. Testimony of Witnesses and Cross Examination, if any Board of Adjustment Meeting Minutes Novem�er 1�, 2003 Page 8 ----------------------------------- Tony Beincasa stated he was representing Mr. and Mrs. Lang since they were unable to attend, and that he was a friend of theirs. Mr. Beincasa referred to a letter from Mr. and Mrs. Lang, which answered the six criteria required for a variance. This letter has been attached to and made a part of these minutes as "Exhibit B". Boardmember Pullon asked if the south boundary had a fence. Mr. Beincasa advised there was an existing ficus hedge. Ms. Lux was asked if a variance had been granted for the existing wall, and responded she could not find one. Chair Humpage commented he believed that had been part of an annexation. Vice Chair Laamanen commented her heart went out to whoever took Lot 4 although that should not be a concern at this time, but the lots were long and narrow. Mr. Beincasa commented Lot 4 had this same stucco wall and this property was already walled on the front and the fence would provide privacy. Vice Chair Laamanen stated that whole area was done by variance and she was opposed to all of those walls and felt it was an infringement on the zoning and it served no purpose as a hardship to put in a solid wall. Vice Chair Laamanen stated the applicant had a long area to be fenced and she was noted for saying no to walls on Riverside Drive, trying to preserve green. Chair Humpage inquired if Mr. and Mrs. Lang would be in town on December 15, to which Mr. Beincasa responded that they would be back. Chair Humpage commented to envision everybody bringing their fence to the front along the street, which would look like a correction facility, and the code stated no wall or fence shall extend forward of the building line. Chair Humpage indicated he thought an intense ficus hedge such as existed on the south side would suffice. Chair Humpage explained that the existing walls were the result of annexation, and on other parcels mentioned in Mr. Lang's letter such as Mr. Hershey's, the walls had been there forever. The fence at 19175 was old wood, which would blow down in a good storm, and no new fences were going up forward of the building line. Chair Board of Adjustment Meeting Minutes November 1�, 2003 Page 9 Humpage advised the applicant to think about December 15, and stated he thought a ficus hedge would be a good idea. Mr. Beincasa stated he would let the Langs know they should request to be on the December 15, 2003 agenda. Boardmember Pullon advised that a fence could run east for about 100' without breaking a front wall of the home and then there would be only about 100' of ficus, and that he was leaning heavily toward ficus. Chair Humpage stated the applicant must meet all six criteria. Mr. Beincasa stated he chose to defer to have the applicant appear on December 15, 2003 with possible additional data. MOTION: Boardmember Pullon made a motion to defer consideration of granting the variance to G. Thomas and Patricia Lang, owners of the property located at 358 West Riverside Drive, Lot 5, Block 4, Riverside on the Loxahatchee, 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 existing at the front of the house, at the request of the applicant. Vice Chair Laamanen seconded the motion which carried by 3-0 vote. IV. UNFINISHED BUSINESS There was no unfinished business to come before the Board. V. COMMUNICATIONS FROM CITIZENS There were no communications from citizens. Board of Adjustment Meeting Minutes November 1�, 2003 Page io ----------------------------------- VI. ANY OTHER MATTERS Acting Clerk of the Board Lux asked what she could do to get the members to the meetings. Attorney Randolph advised that in addition to her note asking members to call if they were not coming, she should call each member. Chair Humpage requested she call each member on Thursday before each meeting so that if they were not able to attend there would be time to reach an alternate member, and that this be done for both Community Appearance Board and this Board. Ms. Lux stated she would do so. VII. ADJOURNMENT Upon motion by Boardmember Pullon, seconded by Vice Chair Laamanen, and unanimously carried, the meeting was adjourned at 8:00 p.m. Respectfully submitted, ,. . _ ., � r-�!.� '- .._ ;`.__, , � _ _ Betty Laur Recording Secretary