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Home My WebLink AboutDocumentation_Regular_Tab 05D_02/08/2001 � � TF �� VILLAGE OF TEQUESTA DEPAR'TMENT OF COMMUNTI'Y D�,'VEL.OPMENT '� � Post Office Box 3273 • 357 Tequesta Drive �3 *�'� o � ° Tequesta, Florida 33469-0273 •(561) 575-6220 �� c ,� �" Fax: (Sbl) 575-6239 BOARD OF ADJUSTMENT PUBLIC HEARING MEETING NIINI7TES DECEMBER 18, 2000 I. CALL TO ORDER AND ROLL CALL The Village of Tequesta Board of Adjustment held a regularly scheduled Public Hearing at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Monday, December 18, 2000. The meeting was called to order at 7:32 P.M. by Vice Chair Jim Humpage. A roll call was taken. Boardmembers present w�re: Vice Chair James Humpage, David Owens, Jon Newman, and Steve Pullon. Also in attendance were Scott D. Zadd, Clerk of the Board, and Attorney Zesley Hogan- si.tting in for Village Attorney John C. Randolph. Chair Kevin Kinnebrew was absent from the meeting. II. APPROVAL OF AGENDA Boardmember Pullon moved that the Agenda be approved as submitted. Boardmember Newman seconded the motion. The vote on the motion was: James Humpage - for David Owens - for Jon Newman - for Steve Pullon - for The motion was therefore passed and adopted and the Agenda was approved as submitted. III. APPROVAL OF PREVIOUS MEETING MINUTES Boarclmember Pullon maved that the minutes for the m�eeting of November 20, 2000 be approved as submitted. Boardmember Recycled PaPer Board of Adjustment Meeting Minutes December 18, 2000 Page 2 ----------------------------------- Newman seconded, the motion. The vote on the motion was: James Humpage - for David Owens - for Jon Newman - for Steve Pullon - for The nr�tion was therefore passed and adopted and the minutes were approved as submitted. Vice Chair Humpage noted that the letter dated November 22, 2000, sent to the applicant, Mx. Ripma, had referred to the Board of Adjustment meeting of November 21, 2000 instead of November 20, 2000. IV. NEW BUSINESS 1. None V. UNFINISHED BUSINESS 1. Tabled from November 20, 2000, an application from Florida Trend Development Corp, , owner of Lots 12 and 13, Coconut Cove 3ubdivi.sion, requesting a variance to the terms of the Official Comq�rehensive Zoning Ordinance of the Village o� Tequesta, Ordinance Dia.. 355, as amended, Section X Supplemental Regulations, Subsection (A), General Provisions , Paragraph (1 �(.c�.. ,.. T�al l s and Fences , to allow the erection of the following: 1. Six foot high decorative walls with six foot high pillars along the north property line of Lot 12 and the south property line cf Lot 13, 2. Five foot high gated decorative walls with six foot high pillars across the front of each property and located nine feet forward of the proposed building front, in lieu of no wall or fence being permitted to extend forward of the building front on an�r lot o� parcel, as Board of Adjus�tment Meeting Minutes December 18, 2000 Page 3 ----------------------------------- required by the Zoning Code. A. Swearing-In of Witnesses, if Required Clerk of the Board Scott D. Ladd swore in all those intending to speak. 2. Disclosure of Ex-Parte Com�unications All Boardmembers present reported no ex-parte communication. 3. Testimony of Witnesses and Cross Examination, if any Gordon Ripma, 142 Pine Hill Trail, commented that at the last meeting there had been discussion regarding placing a wall 9' in front of the building front, and he had provided the Soard with a list of approximately 34 places in the general area rahere the wall existed forward of the construction line, which he believed members of the board had intended to visit. Vice Chair Humpage commerited he had looked.. at. some of the other locations and there were other walls forward of the building front that were in existence, but the Board of Adjustment must take each item individually, and the crite-ria.that the Board must consider was solely the six requirements in the Ordinance. Mr. Humpage nQted he had visited the site previous to the first meeting, as noted at that meeting. Mr. Humpage commented that the Board must follow the letter of the Code and it was not their job to agree or di�aqree with it. Vi.ce Chair Humpage reported he had reviewed the applicant's responses to each of the si�.criteria and had only found two that he believed would allow the variance. Mr. Humpage noted the first item was very particular in stating what special conditions and circumstances exist that are particular to the land, the structure, or the building, and he could not see anything particular to this property that would warrant granting a variance. Mr. Humpage noted that he r.ealized in Mr. Ripma's eyes there were special conditions, but he kneti+z about this Board of Adjus�tment Meeting Minutes December 18, 2000 Page 4 ----------------------------------- Ordinance when he built the building. Mr. Ripma commented the houses were not built yet, but yes that he was aware of the Ordinance. Vice Chair Humpage noted one of the things the Board must be diligent in was to hold the same criteria for everybody, and asked if Mr. Ripma could tell him of any special conditions and circumstances particular to th� land, the structure, or the building. Mr. Ripma responded that most properties did not have a lift station sitting in front of the house, and there was a lift station directly in front of Lot 13, whi�h. was part of the consideration for screening, so there was a hardship in regard to tnat. Mr. Ripma commented that also, these were two narrow lots, and if the wall were connected to ths house as required by Cad�, one would have to go outside the privacy walls in.order to get into the rear of the_ house from_ th� west side. Mr. Ripma stated there was a narrow lot, a configuration that was d�fficult to work wi�h a� a-,lift station, so there was some hardship. Vice Chair Humpage questioned Clerk of the Board..Scott D. Ladd whether the garage was considered the normal line for the wall, to which Mr. I,add res�ond�d-yes, that it was the actual building front. Vice Chair Humpage noted that with the wall built. to conform to Code you could still go from the garage to the back of the prc�p.erty, to which Mr. �2ipzna' responded that you could go through the passageway at the back of the garage but you could not go around the house ta the west into the back yard without going outside the wall, axid indicated this on th.e plans . Mr. Ripma noted he could also comply with Code by placing two columns where he was asking for the wall and adding a lean-to roof. Mr. Zadd commented that would be re-establishing the building.. front. Vice Chair Humpage commented that the Board must con.sider the plans as presented and not changes that could be made. Vice Chair Humpage referred to one of Mr. Ripma's responses to the required criteria that this condition did not exist in other municipalities but it did in Tequesta, and explained that the Board could not change what was in the Code, but a change could be addressed by Mr. Ripma. Vice Chair Humpage stated he had a problem Board of Adjustment Meeting Minutes December 18, 2000 Page 5 ----------------------------------- with the wall and did not feel the criteria had been met in all six instances. Clerk of the Board Scott D. I,add read into the record two letters from neighbors opposing the variance. The letters were from Charles A. and Jean IMICLUCCI� 32 Coconut Lane, and Jay H. Fisher, 36 Coconut Lane, copies of which have been attached to and made a part of these minutes as Exhibit "A" and Exhibit "B". In Mr. Fisher's letter the statement that the walls and gates.would close off a right of way deeded to the Village of Tequesta was explained by Mr. Ladd, who commented that this was a drainage easement between the two lots which went to a 36' easement a-� the east end of the property near the dock. Mr. Zadd explained that the onlg dilemma.for the Villa.ge was they must have access; therefore, if this applicaiton were approved, the piers and ti+zall as sYiown on the plans presented would have to be znodified to be off the easement and swing gat-es wauld have to be erected to allow the Village to access the easement. Mr. Ladd verified that would- �o� allow other residents public access. Mr. Ripma explained that the entrywa� and the dock wa.s only for lots 12 and 13, and that this configuration had been designed because there had not be.en._ r.00m for separate docks . Mr. .I,add commented this was a private dock for those two lots . Boare�e�ttb�� Pullox�. commented that the opinion of the neighbors had weighed heavily in his decision on this application. Boardmember Pullon made a motion to deny the variance- request from El.o�ida- Trend Development Corp., owner of Lots 12 and 13, Coconut Cove Subdivision, requesti�ng a variance to allow the erection of six foot high decorative walls with six foot high pillars along the nor.th property line of Lot 12 and the south property line of Lot 13,and five foot hiqh gated decorati�ze.. walls with six foot high pillars across the front of �ach property and located nine feet-fe�ward of...the.proposed building front, in lieu of no wall or fence being permitted to extend for.ward of the building front on any lot or parcel, as required by the,Zoninq Cede, because Board of Adjustment Meeting Minutes December 18, 2000 Page 6 ----------------------------------- he felt the six criteria had not been sufficiently met. Motion was seconded by Boardmember Newman. The vote on the m�tion was: James Hum�age - for David Owens - for Jon Newm�.n - for Steve Pullon - for The motion was therefore passed and adopted. Mr. Ripma commented that he would try to get the zoning code changed. V. UNFINISHED BUSINESS There was no unfinished business to come before the Board. VI. CONa�itJNICATIONS FROM CITIZENS Wade Griest wished the Board a Merry Christmas. VII. ANY OTHER MATTERS There were no other m.atters to come before the Board. VIII. ADJOURNN�NT Boardmember Newman moved that the meeting be adjourned. Boardmember Pullon seconded the motion. The vote on the nation was: James Huir�age - for David Owens - for Jon Newman - for Steve Pullon - for The m�tion was therefore passed and adopted and the meeting was adjourned at 7:53 p.m. � N Board of Adjustinent Meeting Minutes December 18, 2000 Page 7 ----------------------------------- Respectfully submitted, �� Betty Laur Recording Secretary ATTEST: �� Scott D. Ladd Clerk of the Board DATE APPROVED: / ✓ �(/,r�� + EXH1BlT "B" ��.�" �. �1��4�'l" �� C��1�lt �� t�, �L ��b�-0�7� . . .. . .. ._. � ... ._...._... ,., .. D�cembcr 15, 200U • . '.. = . � . . : 1:... . �. f Village ofTec�uesta, �oard ofAcljust.m.ents !'`•`' �" �' �� ` ; 357 T�uesta Uriv� � i ::. , . a + - ; Tequ�sta, F�. 33465► ' . . . ':,."-.. . r"' . . Attn: Scott D. Ladd, t.'.lerk of th� �3Uard As resid.ents of 3h Cocanut �.ane, my wifc� Ci�race and I attended the p►xb�xc h�aring o� Nc�veamber 20, 20t}0, at the V'illa�e �3all �in Tequestc�. �e spoke against �the variatic�. sought by the Flarzda Txend Develo�m�nt Corporrit�oa�. tv bu�.d �ive-fao� t:igh gated �iecorative wails with s�-��Qt tugh pillars aeross the £�vnts of lots 12 a.r►d 13. We feel �trongly that five-foot p�vacy vvalls located nine feet in frant �.f. tk�e �roposed hoizses would shatter the aon.si.st�ncy o� style that our co.rxunun.ity n.c�w� l�.s, and would cr��te a subdivisic�n af Coc:onut Lan.e, s�kti�n,g these houses a.part frana th� rest oFthe co�amruu�ty. �urthermore, if the dev��op�rs �re allowed to plant in f�o�.t o�these walls, as they intend, they will l� encroaching even fiu�ther tc}wa�d tl�� h�mes of other residents, This i11- advi�ed propc�s�l wc�ulc� not on�y obstruct a vi.ew ofthe Intracua.stal fro�nn ou.r )a�e but more import�n:tly, thsse �walls and gates w�uld close o�f a right of way deeded to t#�e VilIage af T�qu�sta. This al�r�ming fact was nc►t IYt�ought to anyone's atte.rzti.or� at Che n'�.eeting. . We appe�l #o the Board �f Adju.Str,n.ent tn r�q+�rire Florida Trend Deve�c�pmerrt Corporation to abid� hy Ek�e same sti�ulations o#'t�.e cade t�t �overn all the �►then c�7mes v� �`vcort�t Lane r�ac� to us at th� n�.eeti�g by Attorney R�ndo.lpk�: "No wa1� or fence sh�.l� b� p�rmitted to eactend �rwazd ofthe building frax�t c�n. az�� lot or pareel." W�� siticere thanks far your c�ztsi.d�ratian of our cc►naenr�s, Yours ttu.ly, EXHI�IT "A" Charles A. �nd Jean Immucci 32 Coconut Lane . .. ... ..._... _ ......... . ..... ........ .... . Tequ�s�� FL. 33469-0273 � ' � `'-�. � ,�; � �' . '�l °. %; �, Fi ��R : Viilage af Teque�ta, Board nf �ldjustments � .. �57 Tequesta Drive .... .� �. :�� : ... �� :� � ��. .,:.,,.: Tequ�sta, FL 33469-a273 Attn: Scoot C�. L�dd, Clerk of th� Board On Novemb�r 20, 2QO0 my wife �tkended the mecfiing rega�ding Coconut Lane. A!#hough we da not oppas� walls can the north and �outh side of �ats 12 and 13. We strpng�y oppvs� walls and or gates on th� �as# and west sides of this prt�perty. Upon entering �aconut l.ane �very ham�puvner will ae faced with these westerly obstructions. Nly wif� �nd I purchase �2 Caconut Lan� as a Key V1/�st community. Unfortunately, we �eei, w�lis and gak�s wili Creat� a compoun�d at thc end af th� block, which is not c�nducive to ne+ghborhovd harmony Unfprtunately thi� matter �houid have been resvived an Novennber 24 as planned. _ We thank you for yqur concern �nd hopefully the Baard of Adj�astm�nts will continue to recogniz� the cantinuity and archi#�cture af this n�w dev��opment. Mappy Holid�ys tr� a!I! �incere(y, Jean �nd Charle� lmmucci