HomeMy WebLinkAboutDocumentation_Special Meeting_Tab 12_12/08/2005• BOARD OF ADJUSTMENT VILLAGE OF TEQUESTA MEETING MINUTES JANUARY 4, 2005 I. CALL TO ORDER AND ROLL CALL The Village of Tequesta Boazd of Adjustment held a scheduled meeting at the Tequesta Recreation Center, 399 Seabrook Road, Tequesta, Florida, on Monday, January 4, 2005. The meeting was called to order at 7:00 P.M. A roll call was taken by Village Clerk Gwen Cazlisle. Board Members present were: Acting Chair Paul Brienza, Board Member Steve Pullon, Board Member Wazd Bertholf, Alternate Member John Brazinskas, and Alternate Member Bernard Wazd. Also in attendance were Village Attorney Scott Hawkins, Village Clerk Gwen Cazlisle and Village Planner Cazol Lux, sitting in for Clerk of the Board Jeff Newell. Absent from this meeting were Boazd Member John Newman and Chair Vi Laamanen. II. APPROVAL OF AGENDA MOTION: Board Member Pullon moved to approve the Agenda as submitted; seconded by Ward Bertholf,• motion passed 5-0. • III. APPROVAL OF PREVIOUS MEETING MINUTES MOTION: Board Member Pullon moved table the Minutes of the November 1 S, 2004 Meeting; seconded by Board Member Ward; motion passed S-0. IV. NEW BUSINESS 1. An application from Richazd 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, Article VI. Schedule of District Regulations, Division 1 Generally Section 78-143, Schedule of Site Requirements, R-1 District, Reaz Yard Setback, to allow for the construction of a 25'x 20' one story workshop addition to extend within the 20' rear setback. The addition is to extend 4.09 feet into the reaz Yazd setback for a total proposed reaz setback of 15.91 feet. 2. An application from Richazd 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, Article IX Supplemental Regulations Division 1. Generally Section 78-293, Floor elevation above sea level; to allow the addition of a workshop at the • existing house floor elevation of 8.33' (feet) above mean sea level (MSL), and 18+ inches above the crown of the road, to match the rest of the house, in lieu of all new • Board of Adjustment Meeting Minutes January 4, 2005 Page 2 construction, additions, and substantial improvements to existing structures being 8.5' MSL or 18" (inches) above the crown of the road, cul-de-sac or highway or meet the requirements of Section 78-293, Flood Hazard Areas, whichever is more stringent, as required by the Zoning Ordinance. Ms. Lux read the application request into the record. A. Village Attorney Scott Hawkins summarized the responsibilities of the Boazd of Adjustments to the new members. Three new members were present at this meeting for the first time. These members were: new Regulaz Member Wazd Bertholf, and new Alternate Members Bernard Wazd and John Brazinskas. Mr. Hawkins explained the meaning of a quasi judicial meeting. He then proceeded to sweaz in the witnesses. B. Swearing-In of Witnesses Village Attorney Scott Hawkins swore in all those intending to speak for this application. Only the applicant Mr. Richazd Berube was sworn in as requesting to speak in this matter • C. Disclosure of Ex-Parte Communications Ex-parte Communications -Acting Chair Brienza, Board Member Pullon, and Alternate Board Member Wazd stated they had visited the site and had not spoke with anyone regarding this matter. Alternate Boazd Member Brazinskas and Boazd Member Bertholf had not visited the site nor had they spoke with anyone. D. Testimony of Witnesses and Cross Examination Mr. Berube was asked by the Village Attorney to summarize his request for the new members. His application had been tabled from the previous meeting. Mr. Berube explained that he would like to build a workshop, and in order to fit this workshop within the confines of the lot; he would need to encroach upon his setback. Mr. Berube stated they looked at reconfiguring the plan to allow a configuration that would push the building 4-5 feet closer to the street, but noted that would cause the line of the houses to be off with the remainder of the street. He commented it would be more of an aesthetics thing than anything else. He noted he had spoke with his neighbors, and there are letters on file stating that they have no objections to his request. He stated the idea was to build a workshop that did not look like a workshop, and carpentry is his hobby so he would like to put it as an addendum to the existing garage, and not put it as a free standing building. In order to accomplish his request he would have to encroach into the rear setback 4.09 feet, with a • difference of 15.91 feet between the setback and the edge closest to the building. Board of Adjustment Meeting Minutes • January 4, 2005 Page 3 Mr. Berube went on to explain his second variance request. He mentioned he intended to build the floor at the same level as his existing garage, and at the last meeting Boazd Member Pullon suggested that Mr. Berube might want to consider raising the floor because may be years from now, he may want to use it as living space. He noted in order to do that: there were two ways of doing that with a variance and without a variance. He commented the vaziance that he is requesting is to allow the floor to be raised to the same level as the existing floor, the way the house was built 32 years ago. He commented he could raise the floor to meet the code, which would give him 6 inches, 6 inches higher than his house. He noted that would be more aesthetic issues than other issues, such as the facia does not match, and now there will be a new part of the house that has been raised an looks different than the rest of the house. He noted they would like to raise it up to the same level of the existing floor, which was adequate at the time the house was built before the flood management made requirements to have houses built to certain minimum which at this point the flood zone is 8.5 feet. He indicated that was the request before the Boazd. Board Member Pullon asked if the east side of the house was considered the back side of the house. Mr. Berube stated yes. Board Member Pullon noted the survey • show the fmish floor elevation of 8.06 feet, and Mr. Berube's letter states 8.33 feet. He indicated he believes the surveyor would be correct. Mr. Berube stated he is going by with the survey of 8.06 feet the elevation of the existing structure of the fmished floor. Board Member Pullon asked Mr. Berube if he would want to match that. Mr. Berube responded in the affirmative. Boazd Member Pullon questioned whether it would affect the ceiling height greatly to pour the floor up higher, and not raise the entire building up 6 inches, and then have a step up in the workshop. Mr. Berube replied that he would still be stepping up if he went with the house level. Board Member Pullon asked whether Mr. Berube entered the workshop from the garage or the house. Mr. Berube answered from the garage. Boazd Member Pullon felt Mr. Berube would be stepping up anyway. Mr. Berube replied yes. Mr. Berube noted now it was not a normal step height It is at between heights where you have 4 %2 inches from the garage floor up to the house floor, and then there is another, it noted he checked that with his surveyor, and it still would be an odd step size. He noted if you put a half step, no matter how they cut it, it is a goofy step size. Boazd Member Pullon stated as he understands the code, it is 8 '/z feet above mean sea level or 18" above the crown of the road, whichever is more stringent. Mr. Berube agreed. Board Member Pullon asked if he has the 18" above the crown. Mr. Berube replied no, they would have to go up 6 inches. Boazd Member Pullon explained on his property, the 18" above the crown was no problem; the 8 %i feet was. He asked whether Mr. Berube had the 18 inches, because he felt the code reads he • has to meet whichever is more stringent. Mr. Berube stated no that the house was built back then and it is not 18" above the road. • Board of Adjustment Meeting Minutes January 4, 2005 Page 4 Boazd Member Pullon asked Ms. Lux if she was okay with that. Ms. Lux responded in the affirmative, and stated it has to be whichever is more stringent. Boazd Member Pullon noted the Boazd was really not looking at which is more stringent in this case. Mr. Berube replied to his knowledge it is not the 18", it is the additional 8 inches that is ok. Ms. Lux agreed. Acting Chair Brienza inquired whether there was existing landscaping between the neighbors. Mr. Berube replied yes, and noted there is about a 6 foot hedge, and that he is trying to grow a tall hedge here. He noted if fact there is a double hedge; he built a hedge and his neighbor built a hedge. He commented the house has since been sold to a different owner, but there are two hedges side by side. Boazd Member Wazd asked if the encroachment into the setback that is seen on the survey, is it the footprint. Mr. Berube replied yes. Boazd Member Wazd noted he was going to have an overhang that sticks into the easement as well. Mr. Berube said yes. He felt the overhang did not matter, according to the regulations it was not the overhang that was the issue, it was the wall. He commented he did not mean to dispute that, but if the overhang was two feet; he would be two feet farther into the setback requirement. Boazd Member Wazd noted he knows it does not affect the • footprint but this is something to think about; 4 feet into it now and we got a 2 feet overhang, so if someone had to use that setback to access for utility reasons or whatever, they would have to deal with your overhang. Mr. Berube agreed, but . noted they were still talking about 12 feet, which he felt is quite a bit. He noted he has access into the other side of the house, but it was even narrower. Board Member Wazd asked if he was putting the boat on east side. Mr. Berube responded in the affirmative, and stated he would pour slab as faz as the codes allow, and add a six (6) foot fence. He commented there is a boat there now and there is only a four foot fence. in front of it. Boazd Member Pullon asked if Mr. Berube was awaze that there is a hold harmless agreement, that generally the way these fmished floor elevations aze handled the Village has the applicant sign a waiver basically that says if your house floods, it is not the Village's problem. He asked Mr. Berube if he was comfortable with this agreement. Mr. Berube replied yes and indicated he had talked about it he has no problem with it. Acting Chair Breinza asked if the Boazd should call the question. Village Attorney Hawkins agreed, and stated he would like to ask a question of the Boazd. He asked if the Boazd was choosing to vote affirmatively that the Boazd notes that they are approving the request for the variances of the two items and that in their judgment based on the fact presented the two requests satisfy the criteria, which aze contained • ~ in the backup. He stated if there is an affirmative vote he assumes that would be a Finding. He asked if anyone had a question~on his point. Boazd of Adjustment Meeting Minutes • January 4, 2005 Page 5 MOTION: Board Member Pullon moved to approve both variances, the finish floor elevation provided that Mr. Berube will sign the hold harmless agreement in light of the flood situation and the encroachment the rear yard setback of 1 S. 91 feet instead of 20 feet, stating that the appl icant has met the "six criteria of the Board; seconded by Acting Chair Breinza. Acting Chair Brienza mentioned at the last meeting Mr. Berube had said that if the addition was separated from the existing building by one foot, he would be allowed to have a setback of only 10 feet, and since this is an attached addition it is restricted to 20 feet. Boazd Member Pullon pointed out it would be an accessory structure. Mr. Breinza noted it was one of the things he looked at. Mr. Berube agreed that needed to be addressed, and that was one of the things he did mention last meeting because it was contradictory, and he did not understand the intent of the code in the first place. Acting Chair Brienza noted if someone had two different structures they would only need aten-foot setback. Village Attorney Hawkins agreed with Acting Chair Breinza and Mr. Berube at this time, and suggested Staff review the issue, and let him know there thoughts on the issue. Board Member Pullon noted the code deals more with the sheds, and things like that, but the applicant was right it was more of a glitch. Mr. Berube pointed out • he was awaze of that, and that raised the question to him that he wanted to put a bathroom in the workshop, if he has a free standing building with a bathroom would that discredit it, and apparently not, so that is not a criteria, because if it has a bathroom it does not matter if it is a free standing it can still be put 10 feet away from his neighbor. He stated it is a little bit contradictory. Village Attorney Hawkins mentioned that this evening the Board is operating under the code as it exists, and asked the staff to review and comment. Acting Chair Brienza indicated he was going to call the question. MOTION: Motion passed 5-0. Paul Brienza For Ward Bertholf For John Branzinskas For Bernazd Ward For Steve Pullon For V. UNFIlVISHED BUSINESS Acting Chair Brienza asked Ms. Lux if she had anything else. Boazd Member Pullon asked whether the new members were provided with Code Books. Ms. Lux welcomed the new members, and asked Boazd Member Branzinskas whether he had a Code book. Mr. • Branzinskas indicated he did not have a code book. Ms. Lux mentioned she typically hands out the packages, but indicated this time somethings got left behind. She indicated she was trying to do as much as possible by way of email to the boazd members. Boazd of Adjustment Meeting Minutes • January 4, 2005 Page 6 VI. COMMUNICATIONS FROM CITIZENS -None VII. ANY OTHER MATTERS Boazd Member Wazd inquired whether there was another meeting planned. Ms. Lux stated the meetings are called as needed, and that she does not have an applicant for February at this point. She noted the applicant should come in eazly, because it usually takes two weeks to advertise and at least a week for Staffto review. She stated that she would email the Board members to notify them if there was a meeting scheduled. Mr. Berube thanked the Boazd members for having the meeting. VIII. ADJOURNMENT MOTION: Board Member Steve Pullon moved to approve adjournment, seconded by Board Member Ward motion passed S-0. The meeting was adjourned at 8:00 P. M. • Respectfully submitted, n~('~,,,~~..~i wen Cazlisle, Village Clerk .7