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Home My WebLink AboutDocumentation_Board of Adjustment_Tab 04_04/20/2009 (2) ^ �F Tf �G � GFs � � � s ,�i APPLICATI�N F�R VARIANCE —��=� � VII.LAGE OF TEQUESTA ; � ' '`� `� DEPARTMENT OF COI��IlVIUrIITY DEVELOPMENT @�'`" �� MSy4 345 TEQLTESTADRIVE .'��.i`�i'�'1�� f TEQUESTA, FL 33469 �� (561)575-6220 FAX: (Sbl) 575-6224 - ��i�;�i��t�li� ��rq NAME OF APPLICANT: ('`�5 Gc ��v� �p��( Maa,nvG anDxEss: � ��c n� �` �c��. � J��A �t_ .�.�(s�� /_ / _ PHONE N0.(HOME) (!�(� � �,� 4 �,�(�� (BUSINESS) LOT/PARCEL ADDRESS: � � pp c�`fi �; rc�� U'eS� �L LOT: � � BLOCK: SUBDIVISION � �= �5 1� �0 U r'�`�`� �.,(t�� PROPERTY CONTROL NUMBER: �O"�"�t�- � �-((� � �(� � p �— � (?�— � ,3 � � NATURE OF VARIANCE: � a.��et�n��- -�t'p `�� `r� �C� -�c`� �o �j�1\(�� D Gl �0� t�`� C�T -1� �� f�. tQ- �' S�i�i io� y�� a ('�-� �5�-i� S��uc��r� ,� ��a�cs� 4 (`e—bv�r c� s��vc us��.r .�JS�'�I��'I N O� �.��1� E; Please a��ress the six cri��ria of t�z Zan�ng Code; P.e� Art. III, Sec. 78-65(2) A-F. If your variance request is related to the public waters of the State of Florida, comprising the Loxahatchee River and the Intracoastal Waterway including all creeks, canals or tributaries therewith, you must also address the ten criteria listed in the attached Zoning Code; Ref: Art. XIII, Sec. 78-837(b), {l)-(10). NOTE: Applicant shall include the following items with this application: 1) �urr�nt sealed survey of pr�perty showing all structures and setbacks. 2) Drawings to scale of proposed improvements. 3) Written approval from property owner, if other than applicant. 4) Any other documentation pertinent to this application. 5) Copies of all submittals as follows: Board of Adjustment Variance Request - 15 copies Village Council Varian.ce Request - 23 copies 6} Application Fee of A) Single Family - $ 300.00 B) Dup1�x - $ 500.00 � C) Multiple Family - $ 750.00 D) Commercial - $1,000.00 APPLICANT SIGNATURE; _ DATE; �`� /� _ _ _ _ _ • Sec. 78-G5. Powers and ctuties ot t�oara oi . adjustment and viIlage council. ``� (a) The board of adjustment and the village � council shall have the following powers in regard to appeals and variances within their jurisdiction as defined under section 78-61: (1) Hear and decide appeals where it is al- leged there is error in any order, r�quire- ment, decision or determination made by � an administrative official in the enforce- - ment of this chapter or of any ordinance � adopted pursuant thereto. - � (2) Authorize upon appeal in specific cases � such variance from the terms of this chap- - ter as will not be contrary to the public . interest, where, owing to special condi- , Lions, a literal enforcement of the provi- � sions of this chapter will result in unneo- � essary hardship,The power to grant any � . such variance shall be limited by and t �contingent upon a finding by the board or council that: � � a. Special condition��nd circumstances ' - � � e�st which are p�culiar to the land, " � . � structurez or building involved and . � . which are not applicable to other � � lands, structures or buildings in the same zot�ing district. . �, b. The special conditions and circum- � stances do not result from the ac- • tions of the applicant, � c. Granting the variance requested will � not confer on the applicant any spe- � . ciai privilege that is denied by ttiis . � chapter to other lands; buildings or � • � structures in the same zoning dis- � . trict. . �� d• Literal interpretation of the provi- sions of this chapter would deprive � - . the applican�of rights.commonly en- . joyed by other properties in the satne zoning district undex the terms of , this chapter and would work unnec- - essary and undue hardship on the applicant. e• The variance granted is the mini- � mum variance that will make possi- � bte the reasonable use of the land, building or structure. f• The grant of the variance will be in harmony with the general intent and � purpose of this chapter and such variance will not be injurious to the area involved or otherwise detrimen- tal to the public welfare. § 78-834 TEQITESTA CODE Sec. 78-834. Boathouses and boat shelters. (b) In order to authorize any variance from the terms of this article, the board of adjustment No boathouse or enclosed boat shelter shall be must find with respect to the proposed project as permitted to be located waterward of a seawall or follows: mean high-water line, whichever is applicable. (Code 1977, app.A, §XVI(D)) (1) The variance being requested meets the definition of the term variance. Sec. 78-835. Anchoring or mooring of ves- �2) No hazardous condition would be created. sels. (3) The flow of water would not be impeded or interfered with. (a) No person shall anchor, moor or park or (4) No obstruction to navigation would occur. cause,permit or allow any other person under his control or command to anchor, moor or park any (5) It would not interfere with traditional vessel or watercraft of any description used or public uses of the waterway,including but capable of being used as a means of transporta- not limited to swimming,fishing,or boat- tion on water, within the R-1 and R-lA single- �g• family dwelling districts, for a period of time in (6) It would not create an appreciable obstruc- excess of 72 continuous hours during any consec- tion of waterway views or otherwise de- utive 30-day period, unless such vessel or water- tract from aesthetic values. craft is located at an approved dock and with the consent of the owner of such approved dock. (7) It would not appreciably disrupt, inter- fere with, or disturb marine or benthic (b) The anchoring, mooring or parking of ves- life. sels or watercraft in all districts shall be at an (8) It would not contribute to the pollution of approved dock, pier or seawall and attached or the waterway or the degradation of its secured. by approved methods and/or devices. condition. (Code 1977, app.A, §XVI(E)) (g) It would not interfere with the lawful rights of riparian owners. Sec. 78-836. Discharge of refuse. (10) It would be consistent with any other applicable laws, rules or plans. No person shall discharge, or permit or allow (Code 1977, app.A, §XVI(G)) any other person on a vessel or watercraft under his control or command to discharge, any human or animal excreta from any head, toilet or similar facility on any vessel or watercraft, or throw, discharge, deposit or leave, or cause or permit to be thrown, discharged,deposited or left,from any vessel or watercraft any refuse matter of any description into the waters located within the area to which this article applies. (Code 1977, app.A, §XVI(F)) Sec. 78-837. Variances. (a) Any person desiring a variance from the terms of this article shall make application for such variance to the zoning board of adjustment of the village in accordance with the procedures set forth in this section. CD78:144 . F" � `"� � 0 F TF �` � � Sw �[ �� PGE VILLAGE QF T'E UES7CA � �� ` i. v �< GF,�, '" � A 9 �"'r�; ' , DEPARTMENT OF COMMUNITY DEVELOPMENT .,�< '� " `a 345 Tequesta Drive • Tequesta, Florida 33469-0273 �a � _ ; o (561) 575-6220 • Fax: (561) 575-6224 w `;. Fv F9�h COUNt� May 5, 2009 Ms . Theresa Kozell 119 Point Circle Tequesta, FL 33469 Dear Ms. Kozell : Attached, please find the minutes of the Board of Adjustment Meeting on 4/20/09 . The motion was made and approved to require that a Demolition Permit be secured from the Building Department within sixty (60) days of the Board of Adjustment Hearing on 4/20/09, with the work to be completed within ninety (90) days . Further, that a two year extension of the variance issued 10/20/08 be granted from the date of , the final approval of the Demolition. All structures are to be removed and final grading and seeding will be required to stabilize the site, which will be maintained until a new home can be constructed. We hope that this will be of assistance to you. If you have any questions, please do not hesitate to call . � u ru y, -- -- ---- Gh�G�� c w Catherine A. Harding Community Developmen Director CAH/mk Attachment BOARD OF ADJUSTMENT PUBLIC HEARING MEETING MINUTES APRIL 20, 2009 I. CALL TO ORDER AND ROLL CALL The Village of Tequesta Board of Adjustment held a regularly scheduled Pubiic Hearing at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida, on Monday, Aprii 20, 2009. The meeting was ca4led to order at 7:00 P.M. by Chair Vi Laamanen. A roll call was taken by Assistant to the Village Clerk Deanna Mayo. Boardmembers present were: Chair Vi Laamanen, Vice Chair Paul Brienza, Jon Newman, Steve Pullon, and Ward Bertholf. Also in attendance was Community Development Director Catherine Harding. Alternate Bernard Ward had called to say he could not attend; Alternate John Vadala arrived at 7:03 p.m. II. APPROVAL OF AGENDA Board MemberNewman moved that the Agenda be approved as submitted. Vice Chair Brienza seconded the motion. The vote on the motion was: Vi Laamanen— for Paul Brienza— for Jon Newman - for Steve Pul/on - for Ward Bertholf - for The motion was therefore passed by unanimous 5-0 vote, III. APPROVAL OF PREVIOUS MEETING MINUTES Boardmember Pullon moved that the minutes for the meeting of October20, 2009 be approved as submitted, Board Member Pullon seconded the motion. The vote on the motion was: Vi Laamanen— for Paul Brienza— for Jon Newman - for Steve Pullon - for Ward Bertholf - for The motion was therefore passed by unanimous 5-0 vofe. !V. NEW BUSINESS Board of Adjustment Meeting Minutes April 20, 2009 ' �age � An application from Theresa Ann Kozell, owner of the property located at 119 Point Circle, Tequesta, Florida, requesting an extension of the variance issued 10/20/08 from the required 100-foot width to the existing lot width of 90 feet on a pre-existing R1-A lot with a pre-existing structure; requesting to demolish and rebuild the structure in accordance with a11 other setback requirements. Community Development Director Harding presented the application, and recommended the applicant be given a two-year variance to rebuild. Alternate John Vadala arrived at this point in the meeting. Applicant Theresa Ann Kozell was sworn in. The following ex-parte communications were disclosed: Vice Chair Brienza and Chair Laamanen reported they had previously visited the property and spoke to no one. Board Member Newman and Board Member Bertholf reported they had had no ex-parte communication. Board Member Pullon reported he had visited the site, and that the applicant was a close personal friend. Alternate Vadala reported he drove by the house every day. Ms. Kozell explained she was working on plans for a new structure and did not yet have a contract for demolition. Ms. Kozell asked for an extension to the 6-month time period the Board had given her to re-build. Director Harding clarified she was recommending a 2-year time period to re-build, beginning when the existing structure was demolished, and explained that without an established time limit the variance would expire in 6 months, but the Board could make a variance for any length of time. The Board discussed the project. MOTION: Board Member Newman made a motion to grant the application from Theresa Ann Kozell, owner of the property located at 119 Point Circle, Tequesta, Florida, for an extension issued 10/20/08 from the required 100-foot width to the existing lot width of 90 feet on a pre-existing R1-A lot with a pre-existing structure; to demolish and rebuild the structure in accordance with al/other setback requirements, with the foltowing conditions; All structures on the lot shall be demolished, the site cleared to a finish grade, and the soil conditions stabilized as much as possible; that the permit for demolition be secured within 60 days of the Board of Adjustment Hearing, and the work is to be complet�ed within 90 days. ln lieu of a 6-month variance approval, the Board granted an extension to a 2-year variance from the date of demolition to allow adequate time to re-build. Board Member Pullon seconded. The vote on the motion was; Board of Adjustment Meeting Minutes April 20, 2009 r�� Vi Laamanen - for Paul Brienza- for Jon Newman - for Steve Pullon - for Ward Bertholf - for The motion was fherefore passed by unanimous 5-0 vote. V. UNFINISHED BUSINESS There was no unfinished business to come before the Board. VI. COMMUNfCATIONS FROM CiTIZENS . There were no communications from citizens. VII. ANY OTHER MATTERS There were no other matters to come before the Board. VIII. ADJOURNMENT Board Member Bertho/f moved fhat the meeting be adjourned at 7:26 p.m, Board Member Newman seconded the motion. The vote on the motion was: ��.,�.� _ __ _ _ _ _ -_ _ _ _ __ � aamanen = or _ _ Paul Brienza- for Jon Newman - for Steve Pullon - for Ward Bertholf - for The motion was therefore passed by unanimous 5-0 vofe, Respectfully submitted, Deanna Mayo Assistant to the Village Clerk Board of Adjustment Meeting Minutes April 20, 2009 �ay� + 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 referenced attachments are on file in the Village Clerk's office. � �d �� • -� C � � w`, v MEMORANDUM �fl TO: Board of Adjustment Members FROM: Catherine A. Harding, Board of Adjustment Clerk&Advisor DATE: April l, 2009 SUBJECT: 119 Point Circle; Theresa Kozell BOA Meeting on 4/20/09 The property noted above was the subject of a Code Enforcement Hearings before the Special Magistrate on April 19, 2007 and August 23, 2007, Case No. 2007-00074, for property maintenance and unsafe conditions. As a result of those hearings, Ms. Kozell was required to make property improvements to meet minimal standards with the contention that the entire structure would be demolished and a new house built on that site. The property was abandoned prior to the 4/19/07 Hearing. On 10/20/08, Ms. Kozell was granted a Variance from the required lot frontage of 100 feet to the existing 90 feet, to demolish and rebuild the existing structure. The Variance was granted for a period of six (6) months, the time in which Ms. Kozell maintained that she needed to secure the proper demolition permits which would resolve the Property Conditions. To date, no application for a Demolition Permit has been made and the six (6) months time frame for the Variance will expire 4/20/09,the property remains abandoned. The attached photos taken by Code Enforcement show the current property conditions. The neighbors have been concerned about vagrants, illegal entry and a general devaluation of the neighboring properties. Our office is recommending that the Board of Adjustment require all structures on the lot be demolished,the site cleared to a finished grade, stabilized with grass and maintained in good condition until such time as a new home can be built on the site. We recommend that a permit be secured within thirty(30) days of the Board of Adjustment Hearing and the work completed within sixty(60) days. Our office further recommends that when the requirements of a Demolition Permit are met and the work completed and approved by the Building Department, a Variance be granted from the required lot width for a period of two (2) years. Respe t�ully Submitted, � 9 ` � � � g . . atherine A. Harding Community Developm,nt�Director/Building Official CAH/mk Attachments C: Joe Petrick, Code Enforcement Officer Ms. Theresa Kozell