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HomeMy WebLinkAboutDocumentation_Regular_Tab 7B_12/10/1998.i 1 VILLAGE OF TEQUESTA DEPARTMIIVT OF CONiMUNfIY DEVELOPMENT Post Office Box 3273 357 Tequesta Drive Tequesta, Florida 33469-U273 (561) 575-6220 Fax: (561) 575239 BOARD OF ADJUSTMENT PUBLIC HEARING MEETING MINUTES SEPTEMBER 21, 1998 ~-8 I. CALL TO ORD$R AND ROLL CALL The Village of Tequesta Board of Adjustment held a regularly scheduled Public Hearing at the Village Ha1~; 357 Tequesta Drive, Tequesta, Florida, on Monday, September 21, 1998. The meeting .was called to order at 7:3Q P,M. by Chair Raymond Schauer. A roll call was taken by Betty Laur, the Recording Secretary. Boardmembers present: were: Chair Raymond Schauer, Vice Chair Gilbert Finesilver, and Boardmembers Kevin Kinnebrew and Vincent Sams. Also in attendance were Scott D. Ladd, Clerk of the Board, and village Attorney John C. Randolph. Absent from the meeting were Boardmembers Betty Coyle, David Owens, and John Taylor. II. APPROVAL OF AGSrTDA Vice Chair Fiaesilver moved that the Agenda be approved as submitted. Boardmember Rinaebrew seconded the motion. The vote on the motioa was: Raymond Schauer - for Gilbert Finesilver - for Revia Rinaebrew - for riacent Sams - for The motion was therefore passed aad adopted aad the Agenda was approved as submitted. w BOARD OF ADJIISZ'~NT STING ~INOTBS September 21, 1998 FAGS 2 III. APPROVAL OF BRSV'IOII3 STING ~INOTSS 1. Coasideratioa of approval of the minutes for the meeting of August 24, 1998 was delayed until the next meeting, as the minutes were not available. Iv. NS'W sIISlNgss 1. Aa application from Jeff ~awhorr, owner of the property located at 164 Intracoastal Circle, Lot 17, Rey ..Nest Village Subdivision, requesting a variance to the terms of the Official Comdpreheasive Zoaiag Ordinance of,~the village of Tequesta, Ordinance No 355, as amended, Section X, Supplemental Regularioas, Subsection `(A), General Provisions, Paragraph (1)(c), ~'-alls and Fences, to allow the iastailatioa of a six foot high feats oa-the south property lice, forward of the building frost, is lieu of ao wall or fence being permitted to extend forward of the building frost oa nay lot or parcel, as required by the Zoaiag Ordinance. A) Swearing-Ia of Nitaesses, if Required. All those present who wished to speak on this issue were sworn in by Clerk of the Board Scott D. Ladd. 8) Disclosure of Sx-Parts Communications. village Attorney Randolph explained that no member of the Board was allowed to discuss an application outside this meeting or to make a visit to the site without disclosing it at this meeting. The Village Attorney explained that this was a quasi judicial hearing, in which the Boardmembers were sitting as judges. A poll of the Board revealed that no Boardmembers had had any ex-parts communications regarding this issue except Boardmember Kinnebrew, BOARD OF ADJIISZ'~NT ~8T2N(~ MINO'P$S September 21, 1998 PA(3$ 3 who reported that he was an officer of the Key West village Homeowners Association and thus was familiar with the project and had made a visit to the site, but had not communicated with the applicant or anyone else regarding what the applicant wished to do. Boardmember Kinnebrew reported that Key West Village Homeowners Association had wanted to add the additional fence for security reasons since this space between the two communities was the main avenue of entry for thieves, and there had been several break-ins within Key West Village. Village Attorney Randolph advised. that Boardmembers who had -had ex-~parte communications should disclose whether-.they could base their decision solely on what was heard at tonight's meeting and not on anything. they had heard outside the hearing. The village Attorney also advised that where the decision of a Boardmember might enure to the benefit of the principal by whom they were retained or an organization in which they were members, then the Boardmember must disclose that information and recuse himself. Boardmember Kinnebrew stated that he did not believe there was a conflict of interest, and that he could view this impartially. C) Telstimoay of ~itaessea aad Cross Sxamiaatioa, if aay. Dave Buchner stated that he was representing the owner, Jeff Mawhorr, in this matter. Mr. Buchner explained that Mr. Mawhorr had recently completed construction of a home at 164 Intracoastal Circle and during construction had requested a fence on the south property line, for which a permit application had been submitted to the Village and a design review application had been submitted to the Key West village Homeowners Association. After it was discovered that the fence would not conform to BOARD OF ADJIISTN~TP M8$TING ~IN'OTSS September Z1, 1998 PA(3$ 4 Village code, this request for variance had been made. Mr. Buchner described the property as in a unique location because it bordered multi family and commercial property rather than residential. An existing masonry privacy wall separated other properties in Key West Village from the multi family/commercial property. This property was one of the last to be built on. Mr. Buchner explained that Mr. Mawhorr wanted the fence for security and to enhance the appearance of his property. Boardmember Sama questioned how the fence would. enhance the appearance of the property to extend the fence in a way not approved by code. Mr. Buchner responded that he had submitted color photographs of the property line with the application. Clerk of the Board Scott D. Ladd passed the color photos around for the Board`s review. Mr. Buchner explained that the existing. seagrape divider had grown so tall that there were now only tree trunks at ground level and several feet above, allowing a view of the parking and storage area on the adjacent property from the applicant's property. Mr. Buchner explained that the Key West Homeowners Association approved all exterior architecture elements, landscaping, and fencing and they had approved the fence in writing on June 9, 1998. Boardmember Kinnebrew confirmed that approval. Village Attorney Randolph explained that any motion approving a requested variance would have to include a statement that the findings were based upon the six criteria in the Village Code, including whether special circumstances peculiar to the land exist, that the special circumstances and conditions do not result from the actions of the applicant, that no special privilege will be conferred to the applicant that is denied to other BOARD OF ADJ[1STEBNT D~$TIDTG ~INO'PLS September 21, 1998 PAGE 5 properties, that literal intrepretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district, that the variance granted is the minimum variance that will make possible the reasonable use of the land, and that the grant of the variance will be in harmony with the general intent and purpose of the ordinance. The Village Attorney explained that the code stated the power to grant a variance shall be limited by and contingent upon the finding by the Board or Council that all those things had been done. D) Finding of Fact Based Crpoa;:.competeat Substantial 13vidence . ' Boardmember ~Ciaaebrew made a motion to approve the variance as requested by Jeff adawhorr, owner of the property located at 164 Intracoastal Circle, Lot 17, ]Cey west Pillage Subdivision, to allow the installation of a six foot high fence oa the south property lice, forward of the building frost, is lieu of no wall or fence being permitted to extend forward of the building front oa any lot or parcel, as required by the Zoning Ordinance. Boardmeamber 1Ciaaebrew clarified that he believed this request met every one of the criteria of the Village Code sad that a fence would merely be as extension of the intent of as existing row of seagrapes which had been intended as a barrier between the two communities but which had grown so that there was now a view of the adjoining property, sad would also be as extension of an existing masonry wall dividing the propertiest sad commented that Mr. ~awhorr~s desire for security sad privacy would be answered. Boardmember Sawa seconded the motion. Vera Patrick, 136 Intracoastal Circle, expressed BOARD OF ADJIISTMSNT adEBTING ffixNDT}3S September Zl, 1998 PA(3R 6 her support for graatiag the variaace request. The vote oa the motion was: Raymoad Schauer - for Gilbert Fiaesilver - for 1Cevia ~ciaaebrerr - for viaceat Sama - for The motioa ryas therefore passed aad adopted. V. IINFINIS88D BIISINBSS There was no unfinished business to come before the Board. VI. CO~SVNICATION FRON CITIZ~TS oiade Griest, 494 South Dover Road, explained that he had made a study of the Village government over the past nine years and tried to attend every meeting, and spoke for the citizens of the Village as much as possible. Mr. Griest stressed the responsibilities of this Board, and commented on the past difficulties of filling vacancies and getting enough members to come to meetings so that a quorum was present. Mr. Griest stated that it was embarrassing as well as unfair to the applicants when there were not enough members present for a quorum, explained that this Board's decisions could not be reversed by the Village Council, but could only be appealed through the Courts. Mr. Griest stressed the importance of attendance and the responsibilities of the Boardmembers. vII. Arne oTSraR xATTSRs Clerk of the Board Scott D. Ladd announced that a training session for Boardmembers would be conducted by Village BOARD OF ADJUSTMBN'P MSgTIWG MINUTgS September 21, 1998 PAG~3 7 Attorney John C. Randolph on the third Monday in October. VIII. ADJOURNMENT vice Chair Finesilver moved that the meetiag be adjourned. Boardmember Kiaaebzew seconded the motioa. The vote oa the motioa was: Raymond Schauer - for Gilbert Fiaesilver - for Kevin Kianebrew - for Vincent Sawa - for The motion was therefore passed and adopted and the meetiag was adjourned at 7:55 p.m. Respectfully submitted, Betty Laur Recording Secretary ATTEST: ~,~,o~ ~D. ~c~,~ Scott D. Ladd Clerk of the Board DATE APPROVED: 1/ /l~' %~ 6~-S ~ ~~ --~o VILLAGE OF TEQUESTA QQ //,, (~/~ DEPARTN¢NT OF COA~t(lMTY DfiVELOPI~NC N ~~ V ~ "`~' Post Office Box 3273 •357 Tequesta Drive Tequesta, Florida 33469-0273 • (407)575~i220 Fax: (407) 5751239 APPLICATION FOR VARIANCE j .. NAME OF APPLICANT: ~,C--lA~`~ SPr~4 ~ A ~ i~ l2t_ 1 rJ MAILING ADDRESS: ~ 1 ~i eJ ~ ~ ~ L ~.. ~2. ~ ~ Tea +~-yt~`~ i ~ PHONE NUMBER: t HOME) ~ 4' jo - t Z~Z ~ BUSINES6) ~ ~ ~ ' ~ ~ ~ ~-- LOT/PARCEL ADDRESS: S A` IbJI .~r --~ _ LOT: 1 ~2 BLOCK: SOBDIyISION: TEG?V~5 a p+ t''- ~ ~. PROPERTY CONTROL NUMBER: NATURE OF VARIANCE: (DESCRIBE GENERALLY THS ~NATtJRT OF THE VARIANCE DESIRED.) n [ . v - err, .J ~ ~ PD `D L s Cwt- ~i a~G tG. . ~~-~ ice- ~~c'' S t r~ ~ ~ I~ N O u~2 ~.Q ~ ~~~U 1 P + M l' ~ 1 ~ ~ / TC~ _ !~y' ~'G 4Z. ~a ~ ~ T~ ~ 1 fJ G~- ~"~ , 1'~r 1,, 1. o w C t`a rJ 5'T' R v cT i ~ rJ S ~ ~ S G CZ~~.~J ~ rJ t.. ~oSt~~ 0~?~ -2.,, JUSTIFICATION OF VARIANCE: PLEASE. ADDRESS THS SIX CRITERIA LISTED IN ATTACHED ZONING CODE SECTION %III (E)t 1)t b) 1. -6. _'A-~-~ SG~~-~ ~~~~~~ ~(loM t ~ t c.~ 5-=v P -nA-Fr i N"r Q u~ v i.1 lr.~l ~ C3 ~-~ F6r ~ PEST Er~~ -,~G4 ~Po o er NOTE: APPLICANT SHALL INCLODS THS FOLLOiiING ITEMS iiITH THIS APPLICATION: 1. CURRENT SURVEY OF FROPERTY SHOWING ALL STRUCTURES & SETBACKS. 2. DRAWINGS TO SCALE OF PROPOSED IMPROVEMENTS. 3. WRITTEN APPROVAL FROM PROPERTY OWNER. ~1. ANY OTHER DOCUMENTATION PERTINENT TO THIS APPLICATION. 5. FIFTEEN (15) COPIES OF ALL SUBMITTALS. 6. APPLICATION FEE OF: (A) SINGES FAMILY - b 300. 00 8) DUPLEX - 8 500. 00 (C) MULTIPLE FAMILY - S 750.00 ~ COMMERCIAL - 81.000.00 l~lZ7 cl ~ APPLICANT SIGNATORE: DATE) Recycled Paper To .authorize upoi from the terms of the public inter. a literal enforce will result in ~ any such variance a finding by the b~ appeal in specific cases such variance the Ordinance as will not be contrary to st, where, owing to special conditions, ment of the provisions of the ordinance nnecessary.hardship. The power to grant shall be limited by and contingent upon ard: 1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved .and which are not applicable to other lands, structures, or buildings--.the same zoning district. 2. That -the spe ial conditions and circumstances do not result from th actions of the applicant. ..~ -. . 3. That granting the variance. requested will not confer on the appli ant any special privilege that is denied by this Ordi ance to other lands, buildings, or structures in a same zoning district. 4. That literal nterpretation of the provisions of-the ordinance wou d deprive thee-applicant of rights commonly enjoy d by other properties in the carne zoning distric under- the terms of the ordinance and would work un ecessary sand undue hardship on the applicant. 5. That the varia ce granted is the minimum variance that will ~-lake pos ibis the reasonable use of the land, building, or st ucture. 6. That •:he grant of the variance will be in harmony with the general i tent and purpose of the ordinance and that such var ance will not be injurious to the area involved or otherwise detrimental to the public welfare. v~ b O r CD N s ?~' ~ n "'~ r. ~ Q y A b ."..' 0 0. o ~ ~ A y: ~ M C ~- a °g R C~ ~~ ar O o~ gg c ~~ v ~ ~~ ~. ~ ~' ~x~ w ~. c ~ m -~. ~~. ~'° ~. ~ ~ ,d .~ ~ ~ a~ VP ~ ~ c `~ o n p e ~ ~ ~ ~ R S ~. 0 6~ ^~ o~ o ~ ~m ^~1 ~ ~. ('1 G o Q ~ "~ a o ~~ `" R' p ~! 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