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Home My WebLink AboutDocumentation_Regular_Tab 09B_03/14/2002 �PG d � r�� d iL.Lt�G� �� lE�U�S�� I �� DII'ARTNIENT �F COn�✓![JN1TY DEVELOPMIlVT • Post Office Box 3273 � � �� 0 2S0 Tequesta Drive • Suite 305 c , 4 � Tequesta, Florida 33469-0273 �° y cn � (561) 575-6220 • Fax: (561) 575-6224 BOARD OF ADJUSTMENT PUBLIC HFARnvG MEETING MINUTES OCTOBER 15, 2001 I. CALL TO ORDER AND ROLL CALL 1'he Village of Tequesta Board of Adjustment held a regularly scheduled Public Hearing at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Monday, October 15, 200�.. The meeting was called to order at 7:30 P.M. by Chair Jim Humpage. A roll ca11 was taken. Boardmembers present were: Chair James , Humpage, Vice Chair David Owens, Jon Newman, Steve Pullon, and Vi Laamanen,. Also in attendance was Attorney Lesley Hogan sitting in for Village Attomey John C. Randolph, and Director of Community Development Jeff Newell. . II. APPROVAL OF AGENDA Boardmember Laamanen moved that the Agenda be approved as submitted. . Vice Chair Owens seconded the motion, which carried by unanimous 5-U vote. 1'he motion was therefore passed and adopted and the Agenda was approved as submitted. III. APPROVAL OF PREVIOUS MEETING MINUTES Vice Chair Owens moved that the minutes for the meeting of July 16, 2001 be approved as submitted. Boardmember Laamanen seconded the mation, which carried by unanimous 5-0 vote. The motion was therefore passed and adopted and the minutes were approved as submitted. Recycdecl Paper Board of Adjustment Meeting Minutes October 15, 2001 Page 2 ----------------------------------- VI. NEW BUSINESS 1. An application from Jack Newsome, owner of the property located at 351 Mars Avenue, Lot 12, Block 33, Jupiter in the Pines Sec. D Subdivision, requesting a variance to the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, Section VTI, Schedule of Regulations and Application of Regulations, Subsect�on (C), Schedule of Site Requirements, R-1 Single-Fauiily Dwelling District, minimum front yard setback, to allow the construction of an addition with a front yard setback of 23.3' (feet), in lieu of 25' (feet) front yard setback, as required by the Code. A. Swearing-In of Witnesses, if Required Clerk of the Board Jeff Newell swore in all those intending to speak. B. Disclosure of Ex-Parte Communications � A poll of the Boardmembers indicated that Chair Humpage had spoken to the applicant and had visited the site, and that none of the other Boazdmembers had had any exparte communications. C. Testimony of Witnesses and Cross Examination, if any Jack Newsome reported he had moved to Tequesta. a few months ago _ and purchased a house with one bathroom, believing there would be no problem adding a second bathroom since there was approximately 20 feet on one side; however, since it was a comer lot there was a setback that would not aliow a bathroom in that location, which was the only appropriate place. Mr. Newsome explained that since he was a diabetic he could experience future health problems which would necessitate a live-in helper and in that case a second bathroom would be required. Chair Humpage commented there was already an existing patio and roof extension where Mr. Newsome was requesting the variance tvd add the second bathroom. Chair Humpage reported he had Board of Ac�justment Meeting Minutes October 15, 2001 Page 3 ----------------------------------- taken the six criteria for granting a variance with him to the site and had found no problems and that the criteria had been met. The only property owner wha had responded to the Village's letter lived across the street, and had stated no objections. Mr. Newsome clarified he needed a 20-inch variance. Boardmember Laamanen commented the lack of a second bath was not an important reason for requesting a variance, but Mr. Newsome had gone to the trouble of finding a location that was the shortest dista,nce for the variance request, and that would also be the best location for Mr. Newsome's medical needs, Clerk of the Board Newell read into the record the one letter of support received from Mr. & Mrs. Robert P. McCullough, which has been attached to and made a part of these minutes. Clerk of the Board Newell read the criteria for granting a variance and Mr. Newsome's � justifications. This justification statement has been attached to and made a part of these minutes.. Boardmember Newman made a motion to approve the variance as requested by Jack Newsome, owner of the property located at 351 Mars Avenue, Lot 12, Block 33, Jupiter in the Pines Sec. D Subdivision, Tequesta, Florida, on the grounds that all six criteria for granting a variance had been me� Vice Chair Owens seconded the motion, which carried by unanimous 5-0 vote. 1. An application from Leslie J. Gelber and Marguerite M. Gelber, owners of the property located at 19020 Point Drive, Lut 11, Jupiter ManorsBlock D Subdivision, 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 a Specific, to Several or to All Districts, Subsection (A), General Provisions, Paragraph (1)(c), Wails and Fences, to allow the construction of four driveway entry columns with two radius walls to a decorative aluminnm gate, located approximately twenty-five (25) feet inside the front property line, in lieu of no wall or fence being permftted to extend forward of the building front on any lot or parcel, as required by the Zoning Ordinance. � �oard of Adjustment Meetang Manutes October 15, 2001 Page 4 ________________o._._.__.._.._..... A. Swearing-In of Witaesses, if Required Clerk of the Board Jeff Newell swore in all those intending to speak. B. Disclosure of Ex-Parte Communica.tions Chair Humpage reported he had visited the site 2-3 times, and had spoken with Mr. Ryan, with Mr. Brodel, and the applicant. Vice Chair Owens indicated he had visited the site and had spoken with Mr. Ryan. Boazdmember Newman indicated he had visited the site and had received a phone call from Mr. Ryan, but had directed him that discussion would be at the meeting. Boarrimember Pullon reported he was contacted by Mr. Ryan, he had spoken with Mr. Newell regarding this applicaiton, and he had visited the site. Boardmember Laamanen reported she did not visit the site this time, but had the last time this application vvas presented. Ms. Laamanen indicated she had received a call from Mr. Ryan and had defened her comments to this meeting. C. Testimony of Witnesses and Cross Ezamination, if any Jim Ryan was present on behalf of the applicant, and indicated most af ' the barrier was a ficus hedge, that the 9 columns previously submitted had been changed to gates and two supporting columns supporting the gate mechanism. Mr. Ryati explained the applicant had discussed the plan with those members of the Board who had opposed the last application. Clerk of the Board Newell read into the record 111etters _ in support of the application from the following addresses: 4 Shady Lane, 6 Rio Vista Drive,1 Rio Vista. Drive, 25 Bay �iarbor, 23 Shady Lane,18778 Ri.o Vista Drive,19000 Point Drive, 18978 Point Drive, 19058 Point Drive,19038 Point Drive, and 3 Shady Lane. O�e letter of opposition was received from Florence Russell, President, Whitehall Condominium. Mr. Gelber explained that Point Drive, where his home was located, turned into Rio Vista Drive, so the letters from those addresses were from people who lived on the same street where he lived . The letters are attached to and made a part of these minutes. Mr. Ryan cammented that those present tonight who in July had been Board of Adjustmemt Meet�ng Minutes October 15, 2001 Page 5 ----------------------------------- opposed were now in favor of the variance request. Mr. Ryan reviewed the revised elevation. It was e�lained that Mr. Gelber had asked Fiorence Russell for an altemative, but she offered none; he had asked if he could plant a hedge consistent with that of Whitehall, and she had responded, no. Mr. Gelber explained that everyone with a view of the front of his property had been consulted and the proposed product reflected their requests. Joann Jacobsen, adj acent property owner to the south, was swom in and spoke in favor of the vaxiance request. Mr. Ryan read the justification sta.tement from the applicant, which has been attached to and made a part of these minutes. Chair Humpage noted he appreciated the endeavors of the applica.nt to consider the neighbors. Boardmember La.amanen indicated she had voted agai.nst the previous application, but was happy to see something better for everyone in the azea and something that was not such an erosion to the zoning ordinances. Ms. Laamanen commented that in her opinion, hardship meant one could not comfortably live in their home witho�t a variance approval from this Board, wluch she did not find to be true in both cases but she was happy to see the applicant with something he and the neighbors could live with if it were approved by the Boazd. Boardmember Newman commented the Board was working in a gray area, that he thought this was not technically classified as a wall; and that at some time the Village Council should develop a guideline on how to address this, which would make the decision making process easier for the Board. Chair Humpage pointed out that the applicant could build a wall around the entire properiy under his present _ permitti.ng. D. Finding of Fact Based Upon Competent Substantial Evidence Boardmember Newman made a motion to approve the variance applicatioa from Leslie J. Gelber and Marguerite M. Gelber, owners of the property located at 19020 Point Drive, Lot 11, Jupiter Manors/Block D Subdivision, as submitted, since he believed all sig of the required criteria had been met, and the , applicant had worked with the neighbors to obtain a more Board of Ad�justment Meeting Min�ates October 15, 2001 Page 6 ----------------------------------- agreeable design. Vice Chair Owens seconded the motion, which carried by 4-1 vote, with Boardmember Pullon opgosed. V. UNFI1vISHED BUSINESS Chau Humpage requested the Clerk of the Board look into the membership of the Board and the compositian. Chair Humpage noted a full Board and two alternates were needed. Chair Humpage asked if the Board was getting zoning books, to which Mr. Newell responded the Boazd would receive books from the first printing following a new annexation. VI. COMMU1vICATIONS FROM CITIZENS Wade Griest commented he was happy everyone was happy. VII. ANY C)THER MAITERS T'here were no other matters to come before the Board. VIII. ADJOURNMENT Boardmember Laamanen moved that the meeting be adjourned. Boardmember Newman seconded the motion. The motion carried by unanimous 5-0 vote and the meeting was t6erefore adjourned at 8:15 p.m. Board of Adjustment Meeting Minutes October 15, 2001 Page 7 ----------------------------------- Respectfully submitted, � Betty Laur Record°u�g Secretary ST , �,,, ewell 1 k of th Board DATE A�PROVED: 25 2��'?/ , J�35Z'I�TCATTON FOR GRANTING OF VARIANCE (NEWSOME) A. Factua� Sifnati.on The subject 1200 square foot house consists of two bedrooms, one bathroom, a living/faznily r�m, a kitchen, a one car gazage, accessible direc�ly from the street at the North end of the house, and a walled in rear po�ch. It was buitt over 30 years ago by the immediate past owner, and the Petitioner is the second owner o€ fihe house. The house is located at the co�ner of Mars Avenue and Pine View, and abuts the city Iimi.ts of f upiter to the South �io�n.es to the North, East and West aze in �lie Village of Tequesta. The Fe�itioner se�ks to add a�naster bathroom that will extend east six (6) feet from the frant of the house, fa.cing 1VIazs Avenue. �ecause of firont yard setbacks, a variance of one (1} foot nute {gj inches is necessary if Petitioner is to add a master bathroom to #he house. B. FacEors supporking a finding by tfie Board of Adjustment and the Village Council thaE grantin.g of fihe va�`iance is wi�hin fh.eir power. 1. The subject house was built by the original owner on a corner lot in such a manner as to be witthin one (1} foot of the side yazd setback line to th.e South (towards Jupiter), on the setback Iine toth.e North� wi�Eh the front of fihe living gortion of the house set back approximately four (4) feet three (3) inches from the set back Iine on Mars Avez►ue. The rnaster bedroom is at the Southeast corner of the house, £acing Mars Avenue. The second bedrvom is the next room proceeding West, followed by th.e only bathroom, which is approximately ten (1Q) fee# from the entrance to the master bedroom. For health reasons, as well as being practi,cal, the orily p�sible loca.tion of a master bathroom would be �Ev the Saui�i or to fihe East of the house. To the �est of my knawledge, no crther house in this zoning distriet has only one bathroom and two bedrooms. 2. The presen.t status of the house and the need for a master bedroom do not result from actions of the Petitioner, as the current status has existed for over�U years. 3. If the variance is granted, there will not be a special privilege given to the Petitioner. All other homes in #he n.eighborhood and zoning district already have at least two bathrooms. 4. An unnecessary and undue hardship will be imposed. on the Petitioner by the litexal in�erprefation. of the set�ack Iine restrictions. While the�e is room to add a second batiiroom to the rear of the house, it would be almost thirty (30} feef from the master bedroom, and would require going through the living room, ki#chen and rear porch u�. order to reach the ba�Iiroom. As a diabetic, the Petitioner has the need of a bathroom nexE to his bedre�vm, for emerger�cy med�.'.cai treatment, which is not presentty possible if �Ii.ere is anyone else in the. house or using the only bafhroom. The existence to two bathrooms is cvmrnon to all ofiher properti.es in the same aoning district. 5. The varianee requested is the rnini�„�. necessary. To build on the Snuth side of the master bedroom, towards Jupiter would require a five {5) foot varian.ce, while to buitd on the East side, facing Mars Avenue, would require only a one (1) foot nine (8) inch variance. 6. The addition of a second bathroom to a two bedroom house would be in harmony with th.e hames in the neig�iborhood and the zoning disirict, and wil1. not bre injurious #o the public weifare or the azea of fihe Village of TequesEa involved.. ROBEItT° P. & Jt�NE Ii/i,cCUi.LOCH 5540 NORTH OCEpN DRI�/E, ppT, 7g SWGER ISI.AND, FLOCtIpA 33404 Actober 3, 2001 �� , . , . �Ilage of Tequesta Department of Community Devefopment . P.O.Bo�c 3Z73 250 Tequesta Drive / suite 395 . � Tequesta, Florida 33469 — 0273 Attention: Tequesta Board of Adjustment Attention : ]efFery C: Newell Gerk of the Board G�ntiemen: For reference regarding the subject matter of this letter, I have attached a notice of Public Hearing fio be held Mond�y, October 15, 2001 at 7:30 P.M. ta consider an application from Jack Newsome of 351 Mars Avenue,. Tequesta, Florida for a variance to tt�e terms of the Official Comprehensive Zoning Ordinance for the Vllage of Teque.sta. � My wrife and I are owner� of two properties directly across the street from Mr. Newsome's properly at 351 Mars Avenue, Tequesta. They are 350 Mars Avenue and 352 Mars Avenue, Tequesta. The.se are not rental houses but homes occupied by our son, daughter arul ourseives. We have recently spent a lot of money improving our property and are very s�ns"�tive to change.s in our neigh�rhood. This variance for 351 Mars Avenue, Tequesta, if granted by the Board of Adjustment, woutd have little, if any, negative impact on the properties in the area. Quite t�e contrary, Mr. Idewsome's additaon to his residence vuill increase values in the area and would be a positive decision for the community. We ask that you vote in favor of the appticat+on as subm'rtted, iruly yo , . . .� �,`' � �� `° �/ Robert P. McCu{loch ane R. McCutloch . VARIANCE JUSTIFICATION STATEMENT GELBER RESIDENCE/19020 POINT DRIVE, TEQUESTA FLA This application is for the approval of a variance from the requirements of Village of Tequesta Comprehensive Zoning Ordinance to permit the property owner to have four (4) columns canstructed with two (2) small, but well camouflaged, connecting radius walls to decorative aluminum gates. As can be seen from the attached drawing, a significant majority of the front and side barrier across the width of the subject praperty constitutes a live ficus hedge and not a stucco wall. The properiy in question is almost an acre in size, is zoned to allaw a single family residence, and is located on Point Drive. The property is developed with a large single family residence, a swimming pool and a dock that extends out into the Loxahatchee River. � The reason that the Variance is being requested is essential to enable the applicants to achieve their right to privacy, security and the quiet enjoyment of their property. The applicants have made a very lazge investment in their home, and take pride in keeping it in a very attracrive condition not only to preserve its value, but to facilitate their privacy, security and enjoyment. Without the approval of this Variance, their ability to achieve these praperty rights would be severely compromised. Approval of the Variance requested wiil nat in any way negatively impact sunounding property owners. The applicants believe that the approval criteria for varia.nces established in Section XIII{E)(1)(b) of the Zoning Code have clearly been met for this request as follows: 1. Special conditions and circumstances exist which are peculiar to the subject � property and which are not applicable to other lands in the same zoning district. The applicants' property is 353 + feet deep, which is approximately, on an average, 200 feet deeper than a majority of the platted lots in Tequesta.. The applicants' residence is set far back from the front set back in order to maximize the view and enjayment of the Laxahatchee River. The proposed improvement, for obvious reasons, needs to be constructed and located close to the street side (i.e., front property line). 2. That the special conditions and circumstances do not result from the action of the applicants. The need for the variance is based upon lot depth and the proposed improvements need to be located near the front property line. 3. That granting the variance will not confer on the applicants any special privilege on the property that is denial by the Code to other lands in the same category. The granting af a variance of this nature has been allowed numerous times in the past in Tequesta., and in particulaz, one ( i) other home on Point Drive. In fact, a more liberal variance was just recently granted by the Board on July 16, 2001 on property located on Riverside Drive wherein said • Board approved a stucco wall and gate located along the front af the property. 4. That literal interpretation of the provisions of the ordinance would deprive the applicants of rights enjoyed by other property owners in Tequesta. Please see answer three {3) above. 5. That the variance granted is the minimum variance that will make possible the reasonable use of the land. The requested variance is extremely minor, considering that the applicant already has a permit for construction of a stucco wall, connected to the residence, totally surrounding and encapsulating the subject estate. The Code allows this proposed improvement (courtyard effect) that when constructed will be far more monolithic and obtrusive to the environrnent and the neighbors. Due to the above, the applicants firmly believe tha# the subject variance is a reasonable, harmonious solution to their hardship not of their making, 6. That the granring of the variance will be in harmony with the general intent and purpose of the ordinance and that such variance will not he injurious to the neighbt�rhood or public welfare. The proposed variance is minor in nature, and wiil not create any detrimental impact. �n fact, in light af the above permitted courtyazd effect, the applicants believe that their variance will provide a substantial benefit to the subject properiy and to their neighbors. . / D�epat�menx af Com�a�wnityr I?cvelagmeat Villa$� of'�'e:questa ' 2�0 ?�quc3ta Driu�, Swit� 30S . Tec�ucsta, F°L 33�4b9 � RJ�: Gclber re�sidence I90�8 PQisrt Drive Gentlenn�u: � Ple3se � advised thac the undersigned property owaers have no vbjection to the Geibers' . r�que� to allow construcucn of four drtiveway catry columns a�td two radius walls to a gace ai ilieir � s�jecs residence. Thank you. very avly yours. . . C7.fGR—.. �� e�� . � � � � �°�-�.-- �,.�-f�: , � . � De;par�ment vf Community DEVelopment Viilage of 1'equestat ' ?50 T�questa Drive, Suite 3a� . Teqoesta, FL 33469 • R�: Getber residence I94�0 Point Arive � , Geutlen��n: Plc�ase be advised thaz the undersi�ued property cwners have ao objection ta the �xelbers' . r�quest to allaw co�on of faur dxivew�y enay columns �nd xwo radius waUs to a gatc at �heir � sul�je�t reside�ace. Zha�k Mou. . �� iluty �ut$ , / / � �//� . .'.. � ,� /-% . % i l . ' �� y�° � �'�,�,/ � �� i...• � � � � /, _ � � `..... : , . : r r . � I?epar��nent of �ona�auxaty I)evelopment Village of Tequesta ' ?50 T� Drive, Sttite 305 , Tequesta, FL 3;469 � R�: Ceelber res'sdence I94'�4 Paiat Driv� ' . Ge�nntiezu�aa: Please bc adv�sed that the undr.rsi$ned p�opertj► owners have no obj�c�ian ta the f'relbers' . rcquest to aUow G�on of four c�iv�y cnt►y columa�s a�3 two radius wa11s co a gate at �.heir � �jecs residence. � yau. . ti'ery tculy yours, . . � !� � r _ �� . 1 t�' ` � � i . � D�t of Gammvnity Development Village of Tequesta ' ?50 T�questa Driv�e, Suite 30S Tex�uesta, FL 3,469 � - R�: Gelber resi�de�c:� I�24 Poiat Driv� Genttem�n: Ple� bc advised thac thr u�dersigued gmp�t,�► owaers i�ave no abjection ta thc f�clbcxs' . reqv�e�c to allow �asEni�ricu of fov� driv�r Gntry columus �d two Yadius wa11s to a�,au �a Lheas � �ubj2ci r�sidenc�. T� �►ou. � . ti'ery tr�lY Youxs. . 4. . • � r�►+..��,. � � �'� �,..-�-° �� .� � �, �-�. �'��°� � � . � Depat�aent of Cca�numi�ty l�ev�dagme�at Village of'�eque�ta ' 250 T�questa� Drive, Suite 305 Tequesta, FL 334a69 � RE: Cielber resid� 19Q�0 Poirrt Drive Gentleiaeu: Pl�se 1� advised � th� ut�ersigaed p�+vptrty ov+mers have no abje�an to the C'irelbers' . request to aUov� con�uctioa of faur dxiv�►ay cntry colunnus a� �nro �dius waUs to a arate at tiheir � suhject residence. ?hsnk yoix. , �ery t�2r yours, . . � . ` . '�g .� . - � ' �� ✓� . � �-�Z - �'� �' ��r ,�'� 3a'S�°��. � � � �. . �. � D�ent of Commauanity Dev�ddopnlent Viliage of T�uesta ' 350 T�qursta DriYe, 3uice 305 . Tequesta, FL 334b9 . � liE: Gelber re�id� I90�0 Point Ariv� Gea�le�aen: Pl�ase be ad�ris�l. tbat the undersig�ned property owaers have no objectiau ta the �clbErs' . request to allow c;oas�ru�ci� of fa� diiv�ray �ry columt� and twa► radius �a11s to a gau a�. �heir � �ubject r�idence. ?hauk }►ou. . r. t . V�t trnly ypurs, . � '�,,� f � � : � � � ��.�l�Y ��v��,� � . � Deparunent af Goxnr,nunity Development ' Vitlage af Te.questa ' ?50 T�questa Drive, Suite 3U5 Tequesta,, FL 334b9 � R�: Gelher residence I9020 Point Arive Gentletnen: Plcrase be advised that the tu�der5igaed property awaers have no abjrctian ta the fxetbers' . request to allow coas�v.ctioa af four d�rivevvay entry colum�ns and two radius vvalls ta a gace at their ' su�,jees residence. Thauk you. , .. �'ery trv1Y Yours, . . �� . �� f � �,�. � ll : , . � .. _ . _.. . �.. _ _ _._ . . 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Thauk �ou. Very ttuly ypurs, . � Y�.� r'`�J �'' � �r� �1�� .�°.. _ . f ' , . ; f � �itD i ~ %�'?/ �� . � �`�n�- . , �-.� � ��- � ��.��-�. �-�. .�� ' � . . � Depar�inent of Community Development Village of "!'equesta 250 Tzquesta Drive, Suite 305 "fequesta, FL 33469 Rll:: Gelber residence 194?0 Point Drive Gentlemen: Alease be advised thac the undersigned property owners have no objectipn to the Getbers' � requesc to allow c;onstrucrion of faur driveway entry eolumns arid two radius walls to a gace at tlieir subjecs residencc. Thank you: Very tcvly yours, a� . o-t� ,�f r �� 3�, j ; :. �,� ��-