HomeMy WebLinkAboutDocumentation_Board of Adjustment_Tab 01_11/15/2004 � . � -- �1 ��
F tE
;v' �� °�, VILLAGE OF TEQUESTA
�q DEPARTMENT OF COMMUNITY DEVELOPMENT' APPLICATION FOR VARIANCE
� � � �� 250 Tequesta Drive • Suice 305
f - �
; o Tequesta, Florida 33469-0273 • (561) 575-6220
��'�N �o y 4v Fax: (5G 1) 575-6224
Name of Applicant: �IC.ffA�A �'• ��.�E.'C.��3�
Mail Address: �,�c.� iv?-�e� c t.c,c�t Gii+e c�.�TZ2��Q��'..r��� � ��'
Phone/Fax/E�mai1: �-�y� -- Y 5'� Y ��"!-��2u�9��c� Cb�,t
Subject Parcel Address: I! <<�<< ��.�Y � �-. �>� <'�,�<<:- �=
Lot: /� Block: 1 Subdivision: �'�r�2� �c�r��t3 R�I�"
Property Control Number:
,�-. �
�� r��`!� ', s`;J-
Description of Variance: � '
�� z- � i� � r => %`�i�� 7��.,�.- -��.�; ,�`y�,�`,�,�.�t; t `-'�T f���i liv'%v
'' � � �� �. �:�,
/:�`r-9��- 5 �T-r'�1 C� � J ^���,��-(,� �l'� „L' (J
Justification for Variance: Please attach a letter addressing:
1. The six (6) criteria of the Village of Tequesta's zoning code section XIII (E) (1)
(b) 1-6,which are attached to this application.
2. If the variance request is related to the public waters of the Sta.te of Florida.,
comprising the Loxahatchee River and the Intracoastal Waterway, including
all creeks, canals or tributaries therewith, the applicant must:
a. Attach a letter addressing the ten (10) criteria listed in zoning code
section XVI (G) (2) a-j, which are attached to this application.
b. If the variance is in regard to a dock, the applicant must provide a
Specia? �1.�11�1.1VJe Survey indica�:�g f�P plan vievv ar.� PlPvafi�n view of
the dock referenced to the NGVD. The plan view of the survey must
indicate the dock, Riparian Lines, setback of the dock and associated
piles from the Riparian Line, or extended properf.y line where
appropriate. The elevation view must delineate the depth of the water
at ten (10) foot intervals from the mean low water line for the entire
length of the dock (inclusive of all moorings,boat lifts and any other
structures appurtenant to the dock). Accurate tide and water level data
for the site must be included. on the drawing. 'I�velve (12) signed and
sealed copies of the survey at a legible scale must be provided.
NOT'E: In addition to those items listed above, the applicant sha11 include the
following items with the application:
1. Current survey of the property indicating all structures and setbacks.
2. Drawing to scale of the proposed improvements.
3. Written approval from the property owner, if other than the applicant.
4. Any other documentation pertinent to this application.
5. Copies of a11 submittals as follows:
a. Board of Adjushnent Request: 'h�vo (2) signed and sealed 24" X 36" and
ten (10) 11" X 17" copies of all surveys.
-��._--h:.��llage-Ee�i��-(���i�ted-a.n�-sea��---��L3�---36"-and eight (8)
11" X 17" copies of all surveys.
6. Application Fee:
a. Single family $ 300.00
b. Duplex $ 500.00
c. Multiple family $ 750.00
d. Commercial $T,000.00
The Department of Community Development must be in receipt of the completed
application and fee 30 days prior to the meeting da.te. The Board of Adjustment meets the
third Monday of ea.ch month, while the Village Council meets on the second Thursday of
each month.
Applicant Signature: f'L--!`'�
Date: �"' lL, .�-,
• . (�)�'o.wers ancl�Uut�es,o f th..e�$,aurd of�djustr�ten:t ar�d the�illage
�Council. . � . .
. �1) �e.b4ax;d:�f�dj�:s.tment and�e ai�liage.coun...ci� sha��have
the �qllowiz�g P,owers in negard �o appe�ls amc� v��ces �ri�
�h�i.r j�ad�ctaon as d�ned under �sub�ection (A) of ��is�ordi-
.nance: ��
. �a� �h�'�nd.d.ecide a�pQ�ls where�it is alleged there is error
��Y�Qr.der, r.equi�e�n�nt,decis.ion Qr:determination made
bY .an administxativQ ;offic�a�_ in the enforce�nent of #hie
. sect�on or vf an3r or.�i:naAce adQ�ted pux��an��t�er�to.
(b) ��b �ut,�or�ze u�on .��peal �n sgQci�ic ca�es such v.ariance
�fr�o.m �e��ms of t4he ordi�anc.e as w�l� not �e cg�n#�rary to
the p�blic interest, where;-owing to special conditions, a
literal enforcement of the..provisions of the ordinance will
� � result in unnEcessary hai�dship. The power to grant any.
auch variance sh�il be Iimited by and contingent upon a
. � finding by the board or council: . � �
1. Th2�t'special conditions and circumstances exist which
are�peculiar to the land;structure,or buildimg involved
: and whicli are not applicable to other lands,structw�es � .
. or buildings�ii�the:�ame zonin�district; .
2.�` That the s�ecial conditioas and circumstances do not
� � result from tt►e �tctions of.the applicant;�: -
, . 3. �'hat granting the var�ance ;requeste�'1 will aot confer.
om the applicant an.Y. ,sPeciai p�riyilEg�e that is denied�b.y
thi� ordinance to other�lands, buil�ings�or structures
in the same�zoning�district; � - � ; �- , .. .
4. �'k%at literal in�erpretaiti:on of`the:.provisio�e of ttie
, .: :
o�dirtaz�c+e:wbuld d+�priv�e �t�i� :applican� bf rights cotn-•-
mo��`eriyoyed by:oth�r�-properties i.n the satiae zo�uing
dis'trict wider the �te�i�:is -of the ortlinance ��nd woulc�
`�vork`��uni�ec�r,��aiid iuidue�hartlship�vn the $ppli- .
cant; � � � � . . .
5.. Tl�a� the,y�rian,ce grar�ted is the ininimuim variance
tha�will make�possible;the rea$onable use of�the land, � .
building or structure; . • .
�. �ia�t�e grant of�e:variance will be in liarc�ony.with .
� the general intent and purpose of the ordinance and
- - that such variance will�no� be injurious to the. area
� iz�volved.or otherwise detrimefltal to the public weli
� fare. . . .
, ? '
(G) Variance Criteria:��
(1) ,A�y person desiring a variance from the terms of this ordinance shali make application
for same to the zoning board of adjustment of the village in accordance with the
procedures set forth in this section.
(2) In order to authorize any variance from the terms of this ordinance, the board of
adjustment must find with respect to the proposed project as follows: .
(a) The variance being requested meets the definition of the term "variance."
' (b) No hazardous condition would be created.
(c) The flow of water would not be impeded or interfered with.
(d) No obstruction to navigation would occur.
(e) It would not interfere with traditional public uses of the waterway, including but
not limited to swimming, �shing, or boating.
(� It would not create an appreciable obstruction of watervvay views or otherwise
detract from aesthetic values.
(g) It would not appreciably disrupt, intertere with, or disturb marine or benthic life.
(h) It would not contribute to the pollution of the watenrvay or the degradation of its
conditian:
(i) It would not intertere with the lawful rights of riparian owners.
�) It would be consistent with any other applicable laws, rules or plans.
(Ord. No. 390,.§ 3, 9-14-89; Ord. No. 451, §§ 1, 2, 5-27-93) �
1) The lot in question is a corner lot with the driveway entering from the
side stxeet.
2) The special circumstances or conditions are caused by set back
dimensions, not considering corner lots.
3) Granting the Variance will not confer special privilege as all aspects
can be obtained in a free standing buildfng within the code.
4) Literal interpretation of the provisions would force the building to be
built beyond the normal frontage set back on Country Club Circle.
Also this would not allow enough roo�n for the doors and windows as
planned. � � -� . �
� � �,�,
5) The minimum variance i,s,,�.,�feet to the setback requirement as
compared with up to 10 feet if the building is constructed as free-
standing
6) The granting of the variance will keep the set back requirements in
harmony with all other houses on this side of the street. There are no
obstructions detrimental or injurious with the public welfare.
oF Tf
,�vP� p ���7 VILLAGE OF TEQUESTA
� DEPARTiv�;NT OF COMM[JNITY DEVELOPMF,NT
b r � � Post Office I�ox 3273 • 357 Tequesta Drive
3 ��' � o� Tequesta, Flot�icla 33469-0273 • (5C1) 575-6220
�F � -���� ' �� Fax: (561) 575-6239
'�py �� t�l
November 3, 2004
Dear Property Owner:
As the owner of property in the Village of Tequesta, Florida, located within 300 feet of
the below referenced property, you are hereby notified that the Village of Tequesta Board
of Adjustment will hold a Public Notice at 7:00 P.M. November 15, 2004, in the Village
Recreation Center, 399 Seabrook Road, Tequesta, Florida to consider:
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' X 20' 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 rear setback of 17.2 feet.
You are advised that if any person decides to appeal any decision made by the Board of
Adjustment with respect to any matter considered at the Public Hearing, he will need a
record of the proceedings, and for such purpose he may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony upon which the
appeal is to be based. PLEASE GOVERN YOURSELVES ACCORDINGLY.
Respectfully Submitted,
For the Board of Adjus ment
;
, -
��� . ��
- ,
Carol Lux
Village Planner
l�'�-rl'rlc�d Pu/x°r
E °Fre
,vPG � ���; VILLAGE OF TEQUESTA
� DEPARTTvg:NT' OF COMMi_]1VITY DEVF.I.OPMF.NI'
y r ;� o Post Office Box 3273 • 357 Tequesta Drive
�3 ' ' °� o� Tequesta, Florida 33469-0273 • (561) 575-6220
�F �� ' 4" Fax: (561) 575-6239
9�h COUNt�
NOTICE
OF
BOARD OF ADJUSTMENT
PUBLIC HEARING
November 15, 2004
7:00 P.M.
The Board of Adjustment of the Village of Tequesta, Florida, will hold a Public Hearing on
Monday, November 15, 2004, at 7:00 P.M. in the Village Recreation Center, 399 Seabrook
Road, Tequesta,Florida.
PLEASE TAKE NOTICE AND BE ADVISED, "If any person decides to appeal any decision
made by this Board with respect to any matter considered at this meeting or hearing, he/she will
need a record of the proceedings, and that, for such purpose, he/she may need to insure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based."
Respectfully,
FOR THE BOARD OF ADJUSTMENT
�
Carol Lux
Village Planner
Posted: November 15, 2004
/cll
Recycled Paper
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
VILLAGE OF TEQUESTA
BOARD OF ADJUSTMENT
Public Notice is hereby given that the Village of Tequesta Board of Adjustment will hold
a Public Hearing at 7:00 P.M., Monday, November 15, 2004, in the Village Recreation
Center, 399 Seabrook Road,Tequesta, Florida, to consider:
1. An application from Richard 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 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-lA District, Front Yard Setback, to allow for the construction of
a house located forward of the Building Line 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 yards
required by the zoning code. The building line delimits the area in which
buildings are permitted subject to all applicable provisions of the zoning code.
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' X 20' 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 rear setback of 17.2
feet.
At such time and place, the Board of Adjustment will hear all evidence in support of or in
opposition to this application.
You are advised that if any person decides to appeal any decision made by the Board of
Adjustment with respect to any matter considered at the Public Hearing, he will need a
record of the proceedings, and for such purpose he may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony upon which the
appeal is to be based. PLEASE GOVERN �OURSELVES ACCORDINGLY.
Village of Tequesta
BOARD OF ADJUSTMENT
������
By: Carol Lux
Clerk of the Board
PGE OF Tf
,v �� ��s' VILLAGE OF TEQUESTA
�'� DEPAR'ITvIEN'I'OF COMMUNfI'Y DEVFd,OPMF:N'I'
y r ;� o Post Office Box 3273 • 357 Tequesta Drive
`a `'� o Tequesta, Florida 33469-0273 • (561) 575-6220
�F � ' �" Fax: (561) 575-6239
4�h COU ��
MEMORANDUM
TO: Members, Board of Adjustment
Skip Randolph, Village Attorney
FROM: Carol Lux, Clerk of the Board
DATE: November 9, 2004
SUBJECT: Board of Adjustment Public Hearing, November 15, 2004
Enclosed please find the agenda for the above referenced Public Hearing scheduled for Monday,
November 15, 2004, beginning at 7:00 P.M. in the Village Recreation Center, 399 Seabrook
Road, Tequesta.
Please advise this office if you are unavailable for this meeting. Thank you.
Encl.
cc: Alternate Members, Board of Adjustment
Michael Couzzo, Village Manager
/cll
Recycled Paper
RICHARD BERUBE 4 Country Club Circle
Tequesta, Florida 33469
Phone: (561)746-4514
(561)746-0842
Fax: (561)746-6566
November 19, 2004
Village of Tequesta
Department of Community Development
Board of Adjustment
250 Tequesta Drive, Suite 305
Tequesta, Florida 33469-0273
Re: Application of Variance--4 Country Club Circle, Tequesta, FL 33469
Members of Board of Adjustment:
We are the owners of the subject property and are seeking relief from the provisions of
Appendix A, Comprehensive Zoning Section X, Supplemental Regulations, Paragraph (8)
Floor Elevation above sea level.
Tl�e requirement.that the finished floor for additions must be a minimum of 8.5 feet above
Mean Sea Level(MSL) creates an undue and unnecessa►•y hardship for the property ownei-
based on the special conditions and circumstances of the existing subject structure.
As part of a proposed residential addition, the property o�vner seeks relief from the 8.5 foot
minimum floor elevation, to allow the addition to meet the same floor elevation as the
existing residential finished floor of 8.33 +/- feet above MSL. The speci�c responses to the
six (6) criteria of the Village of Tequesta's zoning code section XIII (Ej (I) (b) 1-6 are as
follows:
1. This lot is located on the southeast corner of Country Club Drive and Countiy Club
Circle. The existing structure was build to meet the construction code requirements in
effect at the time of construction. Tl�e new addition will require complete truss
� reconfiguration and the fascia, wiudows and dooi•s will not match the e�.isting building.
Thus the subject property contains "special conditions and circumstances" tl�at would
not pertain to a complete new home construction where the minimum floor elevation of
S.5 feet could be met.
2. The "special conditions and circumstances" of the subject l�ome did not result from
the actions of the applicant, but were rather the result of a moi•e stringent consti•uction
� code enacted after the original I�ome was built. The original home was consh•ucted to �
meet the minimum floor elevation in effect at the time of construction. •
3. Granting the requested variance will not confer special�privilege as the structure will �
maintain all aspects of the ot-iginal building plans tl�at existed at tlie oi•iginal time of
construction. We are asking for the same riglits to seek a vai-iance foi• this purpose as
many other property owners in the same area.
4. Literal interpretation would require the roof line, fascia and steps be altered and not
align with the existing structure. The presumed purpose of the minimum floor elevation
is to reduce flood risk for homes in a rlood Hazard Zone,but this property is located in
a flood zone of only 7.0 feet, not the 8.0 foot level in the higher risk ai�eas. Thus
granting this variance�vould not violate the intent of the code to produce a safe margin
above the 7.0 foot flood zone level.
S.The 8.06 foot elevation is the minimal variance to allow the proposed addition to be
considered "living" space.
6: Variance would allow the structure to fit in w.ith the other houses on the street with
the least impact when compared to the i-oof line and front elevation.
We will look forward to the discussion and approval of this variance request at the next
meeting of the Board of Adjustment on December 15, 2004.
Sincerely,
' J�{�—�
Richard J Berube
OF rf
v'G:. -: GF�p
,� � � VILLAGE OF TEQUESTA
�% � DEPARTIvIENI' OF COMNIIJNITY DEVELOPMENT
b-- � ` Post Office Box 3273 • 357 Tequesta Drive
<3 ' `,,, o� Tequesta, Florida 33469-0273 • (561) 575-6220
�F ��. � 4" Fax: (561) 575-6239
��H COUNty
Berube Variance
Staff Report
November 9, 2004
Mr. Berube is applying for a variance to build within the 20 foot rear yard setback. He
wishes to build a workshop that will extend 3.8 feet into the rear yard.
Mr. Berube was contacted in an effort to have him comply with application requirements.
His application was incomplete and did not include the correct number of required
copies. Staff requested some changes and clarifications be made to the plans provided
and to have the correct number provided. Mr. Berube refused.
Staff attempted to discuss the possibility of the workshop ever being converted to living
area. Since no finished floor elevation is provided on the survey(as well as any indication
of the set back or indication of exactly where the infringement exists) it is recommended
that the motion include the limitation that the workshop can not be converted for use as
livable area unless a variance for finished floor elevation is approved.
Rec��cled Paper
�'� �:
_ _ . . _. _... . ... . .. _ . 1� _ ._�.
�70f7 �I-f1�� r � -
6�I�iE� '� .�' �d1 S�n c7�1 _� _
� ��.> > �� h�ln�no� �'
�x��"%
, _
n ���1/!�)�
7
a C�li� f//C�,
��f��� � �� � �� N
, l'� __._______
-�r� �� ��� - �_
. �� . _ -_____ ____
. �- � , ��
�v�
� � , �
i - �C�r�;� r/� .
� / �
` • - ,/������!%� ��
�
� � �
A
���� F���
i��
c
�w000 ur�u ry Po�F
(TYPICAL)
t — --
` � SEWER—�� ,l
,�� MANHOLE ASPNALT � COUNTRY CLUB GfRCLE � ��� �
� — — __� __. .---_
z � (so' R/w; ,
� R�30. 0'(P1 w _� _ _�__�. �
D= 0'S0�"C)(M) o —___ o
La47. 4��(�'���� rWATER VALIiE � , CABLE TELE�1StON BOX-�� �
! �Sf�fR SERV1Cf
--. -�
4 pa j � 46'25'W 5982'(C) � w,a rER ���-R
� _ ��� _ _ 4T19'W 5987'(M) �
I FOUND 5/8" } �`--+- �p r� �FOUND 1/7,.
lRON R00
4 � � � ,Rnry P�PF
+ � � I k ;
SET MAG NAII
' � t
°j � & DtSC ' 3010 N N �
'� � A P � ! � `.�
o S HAL7
"' I °cn° DRI Vf WA Y = � �-r'
. _ �
� � CONCRETE h� �e
' i � WALKWAY� o -END Of FENCE
I ��, o o� WUDD FEM E�-4 - . �' FNCR(�Ar,NES i) ��
40. '(P) M) t. 2699' �'
i 2— 1.__4— � ,. __. o
� 1 25 , 15.91'
I {I � ANCHOR� � � GARAGE �,F:a!OG�
a y � � � �� � ti F.F.=?.4b
cn I e L, s� PROPOSEC�
� -
� z
2 A ITipN
n fi ,. OP
,- ELECTRlC a
o �' w CONCRE rE- �
~ � �
BOX
� 5
� ,"2
z I
I v> 24.90 _. ____ ._____.-- ..
0
,�, � � �, _ �' .�-i��--,..
� �v . .. � � �
��, � � ��i �� r � , ,,' .
�, z �� �� UNE S TOR Y LO 1� � � RI ��� a� ,
� � � � C.B.S. RESIDEIvCE� 8C OCK� i N
No. 4 i 135' 0 O
���`'� � � a nJ I F.F=8.06 I y g
, �g � �,
������� � � ?4.90' � 4, ti� � � �CONCRErE �'y "0
Q,0 ,lQ � � `v ~ I � r-^ � ,
��. � � "� pp N � �o �
�?' { � C� � tv � ; ; � � i
o I �- r-- ` -�: co� �- ' � �
�� I � I n � CONCRETE a � '
m
I � '� � i � z
I � ; I 14' i� d
� � I � �� �
� 27�, � 33.y3'
FENCE —� � RRlGA T(ON }
I 4Q.00' M f ENCROACNES 0.3' U � �,y�LL � � /'b' W40D FENCE
z
�� � \ ` ' ! � �.-FOlJND 5/��
Q ,� e'�" ' N89°46'25'E 90.00'(P) �RON R00
� ' � N89°49'43'E 8999'(M) `
I -FFNCE ON LOr LINE
SE7 5/8" IRdN ROD & CAP
"JUPITER SURliEY1NG" LOT 14
BLOCK ?
z
�
� _ �L!7_��
OH J. DEDMAN
PR FESSIONAL SURb'EYOR & MAPPER
CERTlFICATE Nn 3010 MAf1CH ��1, ?Ul�q
JUPITER �URVEYING, 1NC , LB�f.SQ��' DA l�(" t�F ��;U��v(� ,