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HomeMy WebLinkAboutDocumentation_Regular_Tab 07_09/13/2007MINUTES VILLAGE OF TEQUESTA LOCAL PLANNING AGENCY MEETING TEQUESTA VILLAGE HALL THURSDAY, JULY 12, 2007 7:00 P.M. (Regular Village Council Meeting to Immediately Follow LPA Meeting) I. Call to Order and Roll Call The Local Planning Agency Meeting was called to order by Mayor Jim Humpage at 7:06 p.m. Present were: Mayor Jim Humpage, Vice Mayor Pat Watkins, Council Member Dan Amero, Council Member Tom Paterno, and Council Member Calvin Turnquest. Also in attendance were: Village Attorney Scott Hawkins, Village Manager Michael R. Couzzo, Jr., Village Clerk Lori McWilliams, and Department Heads. Mayor Humpage noted the Regular Council Meeting would follow immediately after the Local Planning Meeting. II. Approval of Agenda MOTION: Vice-Mayor Watkins moved to approve the agenda; Council Member Amero; motion carried unanimously 5-0. III. New Business 1. Approval to extend site plan application for a period of one year for the first floor renovation and addition of a second floor to 1557 Cypress Drive, to build a veterinary facility for the owner Dr. Frank Tarplee Ms. Catherine Harding, Community Development Director, explained the request was for an extension of one year to the original site plan approval given in June 9, 2005. She stated the Ordinance allowed the applicant to request a one year extension and it was Council's decision to approve; it was not an automatic approval. (Public Comments) -None (Council Comments) Mayor Humpage asked if the site plan was identical to the original plan to which Ms. Harding advised yes. Vice-Mayor Watkins asked if there was an issue since the request was made after June 9, 2007. Ms. Harding explained the logic behind the determination on whether he was allowed to apply for the one year extension. She noted he was originally approved on June 9, 2005 and the approved site plan expired June 9, 2006 and that in April of 2007, Dr. Tarplee asked for a new permit in compliance with the approved site plan. She states she was asking for an extension of Local Planning Agency Meeting July 12, 2007 Page 2 of 3 one year to bring the application within compliance. She noted the ordinance did not specifically state that the applicant had to concurrently reapply as the plan expired and she had chosen to take the opinion that the one year could be extended; however that was Council's decision. Council Member Amero asked for the attorney's opinion. Attorney Hawkins stated he agreed the text did not expressly state that the requested extension had to occur concurrently, therefore under narrow reading of the ordinance he did not believe that was the intention of the language. He believed the request should have occurred before the one year approval process expired and referred to the ordinance that read "if applications for building permits are not filed within these times approval shall terminate" -and stated "these times" was a reference to within the year - "and be deemed null and void unless such time period is extended for one more year." He stated the time frame contemplated was the one year and the applicant needed to act within the one year. He believed the Council that passed the ordinance was thinking in terms of the one year and realized there were extraordinary circumstances surrounding the applicant's situation; however did not believe Council intended for the permit to expire and then revive approval over a year later and then reactivate it. He advised it did not make good policy sense. Council Member Amero mentioned from past experience as a Planning and Zoning Board member, it was not a practice to extend a permit that was not requested within the one year and if it expired it expired. He clarified that if Council wished to override the policy they could. Mr. Hawkins stated the language could narrowly be read as Ms. Harding was doing that it did not expressly state it had to be requested within one year; however it was his legal opinion that that was not the intention of the language and that Council had the ability to grant extensions only within the life of the approval. Council Member Paterno clarified that the permit had already terminated within the year and that an extension could not be requested once it had terminated and Mr. Hawkins affirmed that was his opinion. Vice-Mayor Watkins felt the building needed to be worked on for the betterment of the Village and she was concerned with protecting the process, which was not adhered to properly. She asked the attorney if there was something that could acknowledge that the process was not adhered to or did Council send him back to site plan review. She asked how this could be remedied and Mr. Hawkins stated he was not aware of a possible remedy except to expedite the review process; he noted the importance of respecting the process. Vice-Mayor Watkins agreed and stated this was an unfortunate situation. Mayor Humpage asked if this would go back to site plan review and Ms. Harding stated it would have to go back to the Planning Board for a site plan review. Council Member Turnquest asked according to the letter of the ordinance if Dr. Tarplee was within his rights to request an extension without any interpretation and Ms. Harding explained anyone could request an extension and she saw the text of the ordinance was not clear. Council Local Planning Agency Meeting July 12, 2007 Page 3 of 3 Member Turnquest clarified the only way to receive an extension was through Council and Ms. Harding stated her office could not provide an extension past the one year. Council Member Paterno stated he would like to see this work out for Dr. Tarplee; however did not believe there was an option for Council to vote in his favor and felt he had to follow the law. Mr. Hawkins suggested the applicant submit the building permit and deliver to Community Development to be held until after approval was granted and then submit it so that it would not be delayed. Ms. Harding explained Dr. Tarplee submitted the building permit in April and reiterated that when the permit expired he had a right to request an extension at that time. Mayor Humpage clarified Ms. Harding was prepared to issue the permit if Council passed the site plan review in August. Council Member Paterno stated if the site plan was passed in August then he was good with the extension. Vice-Mayor Watkins mentioned it was important to move the project along and noted she was sensitive to preserving the process as well. MOTION: Council Member Paterno moved to deny the site plan extension request; Council Member Turnquest seconded,• motion carried unanimously 5-0. MOTION: There being no further business to bring before the Local Planning Agency Board, Council Member Amero moved to adjourn the LPA meeting at 7:23 p. m.; seconded by Vice- Mayor Watkins; motion carried unanimously 5-0. Respectfully submitted, Lori McWilliams, CMC Village Clerk