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HomeMy WebLinkAboutMinutes_Planning and Zoning_03/16/2017 MINUTES VILLAGE OF TEQUESTA PLANNING AND ZONING � BOARD MEETING March 16, 2017 CALL TO ORDER AND ROLL CALL The meeting was called to order at 5:30 p.m. by Board Vice-Chair Michael Schmidt. A roll call was taken by Community Development Planner, Lance Lilly. Present were: Vice-Chair Michael Schmidt, Board Member Elizabeth Schauer, Board Member Ashley Warren, Alternate Member Leslee Dasher and Alternate Member Theresa Maggio. Absent were Board Chair Janet Strand and Board Member Steve Eagen. Also present were Village Attorney Keith Davis, Village Attorney Amity Barnard and Community Development Director Nilsa Zacarias. APPROVALOFAGENDA MOTION: Board Member Elizabeth Schauer moved approval of the agenda; seconded by Alternate Board Member Leslee Dasher; motion carried unanimous/y 5-0. 1. Approval of Previous Meeting Minutes - February 16, 2017 MOTION: Board Member Elizabeth Schauer moved approval of the minutes; seconded by A/ternate Committee Member Leslee Dasher, motion carried unanimously 5-0. 2. SPM 02-17: Application from American Legion Rood-Williams Post No. 271 Inc. to modify all exterior building wall and trim colors per Sec. 22-53 (b). The address of the property was 775 N. US Highway One, Tequesta, Florida, 33469 Attorney Davis announced the next two items, SPM 02-17 and VAR 02-17, were quasi- judicial and swore in several people involved with the application. He then asked the Board for any ex-parte communications. Board Member Elizabeth Schauer disclosed tha� she had spoken to Attorney Davis about VAR 02-17 in a general manner regarding prior ownership of the property. MOTION: Board Member Elizabeth Schauer moved to approve SPM 02-17; seconded by A/ternate Board Member Leslee Dasher; motion carried unanimously 5-0. 3. VAR 02-17: Application from Mary E. Hester as Trustee of the Mary E. Hester Revocable Trust to either modify or rescind the 1993 Variance Agreement per Sec. 78-66. The address of the property was 356 Church Road, Tsquesta, Florida, 33469. Attorney Davis provided some background on the property's history. He explained that many years ago a variance was granted that allowed the owner to build an addition which Minutes —Planning and Zoning 03/16/2017 Page 2 exceeded the maximum lot coverage. The owner then added a second kitchen to the home, for personal use. Attorney Darren W. Leiser, Esq. of Jeck, Harris, Raynor & Jones, P.A., introduced himself as the representative of Mrs. Mary E. Hester, owner of 356 Church Road, Tequesta, Florida, 33469. Mr. Leiser explained that he was asking the Planning and Zoning Board to either rescind or modify the current Variance Agreement. He asked the Board to delete paragraph 1 . (b) of the Variance Agreement which required a subsequent purchaser of the Property to apply for a renewal of the variance. Mr. Leiser also asked the Board to delete the provision in paragraph 3 of the Variance Agreement requiring the owner to file an annual written statement with the Village confirming that the single family use of the property was continuing. Mr. Leiser revealed that Mrs. Hester was now interested in selling the property and in her view, the residence was "unsellable" due to the wording in the variance currently attached to the property. Board Member Elizabeth Schauer revealed that she knew the prior owners, before Mrs. Hester had purchased the property. She asked Keith Davis for clarity regarding the matter. Attorney Davis stated that this was an unusual case and the fact that it went back several decades made it even more complicated. Alternate Member Ashley Warren stated that she did not believe the new owners should need to apply for a renewal of the variance. According to Attorney Davis, the Board could make a finding, based upon the application, information, and testimony, to modify the current agreement and eliminate the criteria which was no longer necessary to the variance. He clarified that it was not necessary to eliminate the home's additional square footage. Ms. Nilsa Zacarias, Community Development Director pointed out to the Board that exhibits "A" and "B" were part of the packet that was distributed to each Board Member. She emphasized that Exhibit "A" was the current agreement and Exhibit "B" represented what the applicant was requesting. Board Member Elizabeth Schauer requested a friendly amendment to the motion and the Board accepted the request. MOTION: Board Member Elizabeth Schauer moved to rescind the Variance Agreement but allow the variance to remain; seconded by Board Member Ashley Warren; motion carried unanimously 5-0. Minutes —Planning and Zoning 03/16/2017 Page 3 STAFF COMMENTS There were none. PUBLIC COMMENTS: There were none. BOARD COMMENTS There were none. ADJOURNMENT: Board Member Elizabeth Schauer moved to adjourn the meeting; seconded by Alternate Board Member Theresa Maggio; The motion to adjourn carried unanimously 5-0; therefore, the meeting was adjourned at 5:45 P.M. Respectfully submitted, �(tit, t� �r.l�(�(,�.Q�. Lori McWilliams, MMC Village Clerk Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the Village Clerk. All reference attachments are on file in the Village Clerk's Office.