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HomeMy WebLinkAboutDocumentation_Special Meeting_Tab 10_12/08/2005VILLAGE OF TEQUESTA SPECIAL MASTER CODE ENFORCEMENT HEARING MINUTES • SEPTEMBER 22, 2005 PRESENT: Special Master Lars. Donlon Code Enforcement Officer David Cooper Village Clerk Gwen Carlisle. The hearing was called to order at 10:02 a.m. A. Approval of Minutes Special Master Donlon approved the minutes of the July 28, 2005, Special Master Hearing as submitted. B. Fine Imposition Hearings: Case No. OS-22729 Steven Willie 36 Yacht Club Place Tequesta, FL 33469 Legal: Tequesta REPL LT 599 & S 70.56 FT Of ABND 30 Ft. Tequesta Drive LYGE of & ADJTO PCN: 60-42-40-26-01-000-2560 Violation of Code of Ordinances Chapter 78, Article lX, Division 11 sec. 644 Page CD 78:114-115 • RIA Parking /Pick up trucks The Respondent, Steven Willie was not present at the hearing. This case was continued to the October Meeting to allow for proper notice of hearing. Case No. OS-17656 Bruce Fleming 324 Tequesta Drive, Tequesta, FL 33469 Legal: Jupiter in the Pines, Sec. D LT 1 BLK 35 PCN: 60-43-40-30-04-035-0010 Violation of Code of Ordinance Chapter 30 Article II, Sec. 30-33 Page CD 30:5 Prohibited Conditions Chapter 30, Article II, Sec. 30-32 Page CD 30:5 Excessive accumulations prohibited The Respondent, Bruce Fleming was not present at the hearing. This case was continued to the October Meeting to allow for proper notice of hearing. Case No. OS-22730 Anthony Stumpp 80 Yacht Club Place, Tequesta, FL 33469 • Legal: Tequesta LT 505 PCN: 60-42-40-26-01-000-5050 Violation of Code of Ordinance Chapter 78, Article IX, Division 11, Sec. 644 Page CD 78: 114-115 • RIA Parking/Pick up trucks The Respondent, Anthony Stumpp was not present at the hearing. This case was continued to the October Meeting to allow for proper notice of hearing. Case No. 05-22630 David Kyle 229 Golf Club Circle, Tequesta, FL 33469 Legal: Tequesta TH PT of LTS 185 & 186 as in OR2061P203 PCN: 60-42-40-26-01-000-1850 Violation of Code of Ordinance Chapter 78, Article IX, Division 11, Sec. 644 Page CD 78: 114-115 RIA Parking. Pick up trucks The Respondent, David Kyle was not present at the hearing. This case was continued to the October Meeting to allow for proper notice of hearing. Case No. OS-22664 Kathleen Fitzpatrick 15 Chapel Circle, Tequesta, FL 33469 Legal: Chapel Court SEC 2 as in PB47P196 LT 25 PCN: 60-42-40-25-32-000-0250 • Violation of Code of Ordinance Chapter 78, Article IX, Sec. 78-643 Page CD78: 113-114 R-1, R-2 and R-3 districts The Respondent,. John Fitzpatrick, was present at the hearing and there was a finding of proper notice. The Tequesta Code Enforcement Officer testified and produced photographs of the violation. Conclusion of Law is that Respondents John and Kathleen Fitzpatrick are in violation of Chapter 78, Article IX, Sec. 78-643, Page CD 78: 113-114, of the Code of Ordinances of the Village of Tequesta. The Special Master ordered that Respondents, John and Kathleen Fitzpatrick shall comply with Chapter 78, Article IX, Sec. 78-643, Page CD 78: 113-114, of the Code of Ordinances of the Village of Tequesta by the 21St day of December, 2005. If Respondent's do not comply within the time specified, Respondent shall be assessed a fine of up to two hundred fifty dollars ($250.00) per day until the property is in full compliance. A Fine Assessment Hearing will be held before the Special Master on the 26`~ day of January, 2006, at 10:00 a.m., at the Village of Tequesta, Code Compliance Division, 399 Seabrook Road, • Tequesta, Florida. A Certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property of the original amount upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes for the original amount. • Case No. OS-24154 Arika Perry 283 Country Club Drive, Tequesta, FL 33469 Legal: TEQUESTA LT 208 PCN: 60-42-40-26-01-000-2080 Violation of Code of Ordinance Chapter 78, Article IX, Division 11, Sec. 644 Page CD 78: 114-115 RIA Parking/Pick up trucks The Respondent, Arika Perry, was present at the hearing and there was a finding of proper notice. The Tequesta Code Enforcement Officer testified to the violation. The Respondent produced a photograph of the violation. Conclusion of Law is that Respondent, Arika Perry, is in violation of Chapter 78, Article IX, Division 11, Sec. 644, Page CD 78:114-115, of the Code of Ordinances of the Village of Tequesta. The Special Master ordered Respondent, Arika Perry shall comply with Chapter 78, Article 1X, Division 11, Sec. 644, Page CD 78:114-115, of the Code of Ordinances of the Village of Tequesta by the 22°d day of October, 2005. • If the Respondent does not comply within the time specified, Respondent shall be assessed a fine of up to two hundred fifty dollazs ($250.00) per day until the property is in full compliance. A Fine Assessment Hearing will be held before the Special Master on the 27~' day of October, 2005, at 10:00 a.m., at the Village of Tequesta, Code Compliance Division, 399 Seabrook Road, Tequesta, Florida. A Certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property of the original- amount upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes for the original amount. Case No. OS-24152 Robert Fritz 80 River Drive, Tequesta, FL 33469 Legal: TEQUESTA LT 433 PCN: 60-42-40-26-01-000-4330 Violation of Code of Ordinance Chapter 78, Article IX, Division 11, Sec. 644 Page CD 78: 114-115 RIA Parking/Pick up trucks The Respondent, Robert Fritz, was not present at the hearing. The Village requested a continuance. • The Special Master ordered that this matter is continued and a Hearing will be held before the Special Master on the 27`~ day of October, 2005 at 10:00 am at the Village of Tequesta, Code • Compliance Division, 399 Seabrook Road, Tequesta, Florida. Case No. OS-24153 Anthony Utter 275 Country Club Drive, Tequesta, FL 33469 Legal: TEQUESTA LT 206 PCN: 60-42-40.26-01-000-2060 Violation of Code of Ordinance Chapter 78, Article IX, Division 11, Sec. 644 Page CD 78: 114-115 RIA Parking/Pick up trucks The Respondent, Anthony Utter, was not present at the hearing, however, there was a finding of proper notice. The Tequesta Code Enforcement Officer testified to the violation. Conclusion of Law is that Respondent, Anthony Utter, is in violation of Chapter 78, Article IX, Division 11, Sec. 644, Page CD 78:114-115, of the Code of Ordinances of the Village of Tequesta. The Special Master ordered that Respondent, Anthony Utter, shall comply with Chapter 78, Article IX, Division 11, Sec. 644, Page CD 78:114-115, of the Code of Ordinances of the Village of Tequesta by the 5:00 p.m., on the 23`d day of September 2005. If Respondent does not comply within the time specified, Respondent shall be assessed a fine of • one hundred dollars ($100.00) per day until the property is in full compliance. A Status/Fine Assessment Hearing will be held before the Special Master on the 27~' day of October, 2005 at 10:00 am, at the Village of Tequesta, Code Compliance Division, 399 Seabrook Road, Tequesta, Florida. A Certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property of the original amount upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes for the original amount. C. Status Hearings Case No. OS-199909 Hattie Siegel 498 Dover Road, Tequesta, FL 33469 Legal: Jupiter in the Pines, Sec. B LT 6 BLK 15 PCN: 60-42-40-25-06-015-0900 Repeat Violation of Code of Ordinance Chapter 30, Article II, Sec. 30-33 Prohibited conditions Chapter 30, Article II, Sec. 30-32 • Page CD 30:5 Excessive accumulations prohibited The Respondent, Hattie Seigel, was not present at the hearing, however, there was a finding of proper notice. The Tequesta Code Enforcement Officer testified to the violation. The Village • requested a continuance. The Special Master ordered that this matter is continued and a Hearing will be held before the Special Master on the 28`~ day of November, 2005 at 10:00 am at the Village of Tequesta, Code Compliance Division, 399 Seabrook Road, Tequesta, Florida. Case No. OS-18663 Donna Leffler 475 Seabrook Road, Tequesta, FL 33469 Legal: 25-40-42, S 130 Ft OF N 260 Ft of E 238.13 FT Of W 635 FT of NE '/. of SE '/. (Less W 75 FT, ELY 45.88 Ft. Seabrook PCN: 60-4Z-40-25-00-000-5160 Violation of Code of Ordinance Chapter 78 Article IX Division 9, Sec 78-586 Page CD 78:112 Above ground pools prohibited The Respondent, Donna Leiller, was not present at the hearing, however there was a finding of proper notice. The Village and the Respondent agreed to an extension of time. Conclusion of Law is that Respondent, Donna Leffler, remains in violation of Chapter 78, Article IX Division 9 Sec. 78-586, Page CD 78:112, of the Code of Ordinances of the Village of Tequesta. • The Special Master ordered that an ext ~ ension of tune is granted from the 28 day of September, 2005 through the 28~' day of November, 2005. The Respondent, Donna Leffler, shall comply with Chapter 78, Article IX, Division 9, Sec 78-586, Page CD 78:112, the above listed code sections of the Code or Ordinances of the Village of Tequesta, by November 28, 2005. If Respondent does not comply within the time specified, a fine of up to two hundred fifty dollars ($250.00) per day shall be assessed for each day the violation continues to exist. A Fine Assessment Hearing will be held before the Special Master on the 15`~ day of December, 2005, at 10:00 am, at the Village of Tequesta, Code Compliance Division, 399 Seabrook Road, Tequesta, Florida. A Certified Copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and once recorded, shall constitute a lien against the property of the original amount upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes for the original amount. Case No. OS-20123 John Rich 282 Golfview Drive, Tequesta, FL 33469 Legal: Tequesta LT 276 PCN: 60-42-40-26-01-000-2760 • Violation of Code of Ordinance International Property Maintenance Code Sec. 303.2, Page 9 Exterior Structure • Violation of Code of Ordinance Chapter 30, Article II, Sec. 30-33 Page CD 30:5 Prohibited Conditions This hearing was deleted from the agenda. Status Hearing -None Fine Reduction Hearings -None Foreclosure Authorization -None There being no further cases, the meeting was adjourned at 10:45 a.m. Respectfully submitted, wen Cazlisle Village Clerk • APPROVED: Special Master Date Approved BOARD OF ADJUSTMENT • MEETING MINUTES NOVEMBER 15, 2004 I. CALL TO ORDER AND ROLL CALL The Village of Tequesta Boadd of Adjustment held a regularly scheduled meeting at the Tequesta Recreation Center, 399 Seabrook Road, Tequesta, Florida, on Monday, November 15, 2004. The meeting was called to order at 7:00 P.M. A roll call was taken by Village Clerk Gwen Cazlisle. Boadd Members present were: Chair Vi Laamanen, Vice Chair Paul Brienza, Boadd Member Steve Pullon, and Board Member Jon Newman. Also in attendance were Village Attorney John Randolph and Village Planner Carol Lux, sitting in for Clerk of the Board Jeff Newell. II. APPROVAL OF AGENDA MOTION: Board Member Newman moved to approve the Agenda as submitted; seconded by Vice Chair Brienza; motion passed 4-0. III. APPROVAL OF PREVIOUS MEETING MINUTES MOTION: Board Member Newman moved to approve the Minutes of the Apri119, 2004 Meeting • as submitted; seconded by Board Member Pullon; motion passed 4-0. IV. NEW BUSINESS 1. An application from Richazd S. Kozell, owners of the property located 119 Point Circle, Part of Lots 32 &34 and all of Lot 33, Tequesta Country Club, requesting a variance to the terms ofthe Official Comprehensive Zoning Ordinance ofthe Village of Tequesta, Ordinance No. 355, as amended, Section VII. Schedule of Regulations and Application of Regulations, Subsection (C) , Schedule of Site Requirements, R- 1 A District, Front Yard Setback, to allow for the construction of a house located forwazd of the Building Lme which establishes the required lot width of 100' (feet), and as defined in Section IV. Definitions, (47) Building Line. A line on a lot, generally, but not necessarily, parallel to a lot line or road right-of--way line, located a sufficient distance there from to provide the minimum yazds required by the zoning code. The building line delimits the azea in which buildings aze permitted subject to all applicable provisions of the zoning code. IV. NEW BUSINESS Ms. Lux read the application request into the record. • A. Swearing-In of Witnesses • Board of Adjustment Meeting Minutes November 15, 2004 Page 2 Acting Clerk of the Board Cazol Lux swore in all those intending to speak for this application. B. Disclosure of Ex-Parte Communications Ex-parte Communications -Chair Laamanen, and Boazd Member Newman mentioned they had not spoke with anyone regazding this matter. Vice Chair Brienza and Board Member Pullon mentioned they had visited the site, but had not spoken with anyone regarding this matter. C. Testimony of Witnesses and Cross Examination Board Member Newman questioned whether the applicant was going to demolish the existing structure and build a new residence. Ms. Theresa Kozell, applicant responded in the affirmative. Chair Laamanen questioned whether there would be any difference in the land coverage than the current structure. Ms. Kozell indicated she did not have house plans at this time, but intended on using the setbacks allowed by code. Boazd Member Newman commented this was very similar to something the • Boazd had previously reviewed, and felt the request was a preexisting situation for a lot under 100'. He noted based on the code requirements, Ms. Kozell was seeking a variance. Board Member Newman questioned the age of the current home. Ms. Kozell indicated the home was probably built in the 1960's. Vice Chair Brienza questioned whether the house would be moved forward on the lot more than the adjacent homes. Ms. Kozell indicated she was not planning on encroaching or moving the house forward on the lot. Chair Laamanen noted the applicant had not submitted any elevations, or plans for approval. Board Member Newman indicated those were not required. Ms. Lux indicated the structure would have to be in compliance with all the setbacks and lot coverage requirements. She reviewed the required setbacks and noted the lot coverage would be 37%. Board Member Newman stated the applicant usually provided more information, and the Board Members were apprehensive since they could not see the full scope of the project. He noted he did not have any reservations in granting the application. He indicated the applicant did meet the hardship associated this project. Chair Laamanen stated she would like to know the existing percentage vs. the proposed percentage of lot coverage. She felt the Board should know what the applicants were proposing, and suggested more information be provided on these requests. Vice Chair Brienza questioned whether the house would be one or two stories. Ms. Kozell indicated it could be two stories. Chair Laamanen questioned the height requirement for the area. Ms. Lux indicated 30 feet for two stories was the maximum allowable height. Board • Member Pullon noted with the 37% lot coverage, and if she stayed within the setbacks, she could not build too big. He felt the height should be monitored. Vice Chair Brienza cautioned Ms. Kozell that if anything changed she may need to come • Board of Adjustment Meeting Minutes November 15, 2004 Page 3 back before the Boazd. D. Finding of Fact Based on Competent Substantial Evidence MOTION: Board Member Newman moved to approve the variance, since the applicant had met the criteria as a preexisting situation with the dimensions of the lot, subject to meeting the rules and requirements of the building codes; seconded by Vice Chair Brienza; motion passed 4-0. Vi Laamanen For Paul Brienza For Steve Pullon For Jon Newman For 2. An application from Richard J. Berube, owner of the property located at 4 Country Club Cr., Lot 13 Block 1, Country Club Point, requesting a variance to the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, Section VII. 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 25'x20' one story workshop addition to extend within the 20' rear setback. The addition is to extend 3.8 feet into the rear yard setback for a total proposed reaz setback of 17.2 feet. Ms. Lux read the application request into the record. A. Swearing-In of Witnesses Acting Clerk of the Board Carol Lux swore in all those intending to speak for this application. B. Disclosure of Ex-Parte Communications Ex-pane Communications -Chair Laamanen, Vice Chair Brienza, and Board Member Pullon stated they had visited the site, and indicated they had no conversations regazding this matter. Board Member Newman indicated he had no disclosures on this matter. C. Testimony of Witnesses and Cross Examination • Mr. Richard Berube, applicant distributed a revised survey. He noted the room and the distances of the proposed building were included on the revised survey. He pointed out the attached letters of the neighboring residents, within 300 feet, having Board of Adjustment Meeting Minutes • November 15, 2004 Page 4 no objections to the project. He explained for clarification his original plans showed a gazage, but he indicated the revised plan was for a workroom for his hobby, cabinet making. He stated he wanted it to look like a house not a garage, including French doors, instead of a garage door. He noted the construction would encroach into the 20-foot setback, and indicated Staff was questioning whether it was a side setback or front setback. He noted the house was originally built facing Country Club Drive, and due to the placement of the driveway he was now dealing with a reaz setback instead of side setback. He mentioned he could have arranged the building to be long and narrow, but it would have moved it out towazds the side-yard on Country Club Circle. He felt that would break up all the houses as you turn the corner and come down the street, the room would stick out 5 feet beyond every structure. He noted he could go back to the south with it, but that would block the bedroom window of his residence. He stated it makes sense to arrange the room the way he has proposed, and was asking to encroach 4.19 feet. Chair Laamanen questioned where he would pazk his boat. Mr. Berube responded on the other side of the house, behind a 6 foot fence. Board Member Newman • questioned the proposed site location and whether the 4.19 feet was to correct the 15.9 feet as proposed. Mr. Berube indicated that was the difference, and the surveyor had not subtracted the difference from the setback requirements. Board Member Newman questioned whether the actual difference from the property line to the wall was 15.9 feet. Mr. Berube responded in the afFirmative. Board Member Newman noted that would be in lieu of the required setback of 20 feet. Mr. Berube agreed. Boazd Member Pullon asked that the StaffReport and the handwritten letters be read into the record so the applicant and the Boazd Members were awaze of the situation. Ms. Lux read the Staffreport. Mr. Berube stated Ms. Lux had called him two or three weeks ago and told him he needed another survey that showed other features. He questioned why she was requesting the information when he had submitted his plans over three months. He noted the next day after the phone call he contacted his surveyor and ordered the revised survey. He mentioned he did not receive the revised survey until last Thursday. He explained Ms. Lux wanted to debate which was the front or the side of the house, and whether it was a garage or workroom. He stated she was requesting the plans state if it was a garage or workroom. He felt that request was unique to him. Ms. Lux indicated he was required to have a finished floor elevation, and suggested that in the motion that if the workshop is to be converted anytime in the future to livable space, that it had to meet the regulations of the Village. Board Member Newman indicated the original survey did not show the impact or the elevations, and he felt in order for the Board to ascertain whether the • impact was correct, a revised survey was needed. Board Member Newman felt the policy should be rewritten to state exactly what was needed of the applicant so the impact was shown on the survey. Ms. Lux agreed the application should be more in- Boazd of Adjustment Meeting Minutes • November 15, 2004 Page 5 depth. Board Member Newman indicated a site overlay takes time, because it needed to be drawn into the survey. He noted a proper site survey should have ground elevations, so it did not become an issue in the future. Attorney Randolph questioned whether the application received stated the 4.19 feet encroachment into the setback. Ms. Lux stated no. Board Member Newman indicated the new request was over and above by 1 foot. Attorney Randolph questioned whether the 4.19 feet was advertised. Ms. Lux indicated the additional amount of the encroachment had not been advertised. Attorney Randolph explained the Boazd could vote on what was advertised, but could not vote on the 4.19 feet, because the surrounding property owners had not be notified of the increase. Board Member Newman suggested tabling the item to give Stafftime to advertise and notify the surrounding property owners. Ms. Lux asked the Boazd to keep their packets for the next meeting. Boazd Member Pullon reviewed some options for the applicant to consider: 1) The Board could approve the 3.8 feet as advertised this evening or otherwise the applicant would have to wait a month for the additional foot; 2) consider reducing the room down 4 feet so the applicant would not have to come back to the Board, and if within • the setbacks the applicant could move forwazd; and 3) consider raising the fmished floor elevation up 6 inches, so the applicant did not have to address the finished floor elevation so in the future it could be livable. Mr. Berube indicated he was not willing to give up the additional footage, and stated it would cost him more money to go back and change it. Attorney Randolph stated the Board should not vote on this matter this evening, but could give the applicant an indication of how they felt regazding the additional amount of encroachment. Boazd Member Newman noted he typically did not give a 4-foot encroachment into an easement or setback. He noted the determination of what was the front yard would have a role in his decision. He suggested the applicant review the code. Vice Chair Brienza questioned whether the room would have doors or windows. Boazd Member Newman felt the reason Staff was requesting the floor elevation was because there was bathroom. Mr. Berube mentioned the elevation was the same so there would not be a step up to the workroom. Boazd Member Pullon reviewed the code requirements regazding raising the finished floor elevation. Boazd Member Newman questioned whether there would be a height requirement since he had proposed a bathroom. Mr. Berube indicated he had spoke with Mr. JeffNewell, the Community Development Director and he indicated having a bathroom should not change the requirements. Ms. Lux agreed. Vice Chair Brienza mentioned concerns regarding the noise level of woodworking in • regazds to the neighbors. Mr. Berube indicated there were minimal windows, and the room would be well insulated. Chair Laamanen indicated she did not put much weight on the letters by the surrounding neighbors regazding additions, because even Boazd of Adjustment Meeting Minutes • November 15, 2004 Page 6 the objectionable neighbors sometimes did not come forwazd since everyone had to live in harmony. She preferred to address the facts of what was currently there and what was being proposed. She mentioned she did not like small sidelines, and mentioned concerns with the 4.19 feet. She felt the size of the building was large for a woodworking shop. Mr. Berube explained the size of building was not large by woodworking standazds. He noted on a freestanding building the setback was 10 feet, and he could build the room 10 feet from the neighbor's house without a variance. He pointed out since it was attached to his house the setback was 20 feet. Board Member Pullon commented that the Boazd did not make the rules. Mr. Berube suggested the code needed to be reviewed. Mr. Berube indicated he would wait another month for approval of the 4.19 feet. He felt the elevation would not be an issue, but noted he would look into the higher floor elevation. Chair Laamanen suggested moving the Boazd of Adjustment Meeting up eazlier in the schedule by having a Special Meeting. Boazd Member Pullon noted his schedule was fairly open. Vice Chair Brienza noted his schedule was open. Chair Laamanen mentioned she would be out of town if the Board waited to the regularly scheduled • meeting in December. Board Member Pu11on indicated he might know someone interested in serving on the Boazd of Adjustment. Boazd Member Newman indicated the Board would not be voting on this matter, and requested Staff do the proper advertising. Ms. Lux indicated she would notify the surrounding property owners, and set a date for the next Meeting. Mr. Berube asked what information would he need to provide for the next Meeting. Boazd Member Newman mentioned a corrected survey that denotes the impact and the setbacks. Ms. Lux indicated she would send an email out notifying the Boazd of the Meeting date. Chair Laamanen mentioned she could pick up her packet at the Clerk's Office. MOTION: Board Member Newman moved to approve deferring the vote, and convening at a Meeting date set by Staff via email; seconded by Vice Chair Brienza; motion passed 4-0. Vi Laamanen For Paul Brienza For Steve Pullon For Jon Newman For V. UNFINISHED BUSINESS -None • VI. COMMUNICATIONS FROM CITIZENS -None Board of Adjustment Meeting Minutes • November 15, 2004 Page 7 VII. ANY OTHER MATTERS There were no other matters to come before the Board. VIII. ADJOURNMENT MOTION: Board Member Newman moved to approve adjournment;, seconded by Board Member Pullon, motion passed 4-0. The Meeting was adjourned at 7:SSP.M. Respectfiilly submitted, Gwen Cazlisle, Village Clerk • •