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Documentation_Regular_07/16/2001
VILLAGE OF TEQUESTA DEPARINMW OF CONIMUNnY DFv'aOPNIENF Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 * (561) 575-6220 Fax: (561) 575-6239 NAME OF APPLICANT: 4c---5 ITQ,Oek MAILING ADDRESS: 10116 S. e- UJ PHONE NUMBER. (HOME) (BUSINESS) LOT/PARCEL ADDRESS: Arm APPLICATION FOR VARIANCE P-- 67&/ - I-&1,- �2 �fza- 45D6 LOT: f BLOCK: 1) SUBDIVISION: '1'tta k M PROPERTY CONTROL NUMBER: © — P 408)3-0000 6 G % NATURE OF VARIANCE: cir 3o ( �� — — JUSTIFICATION OF VARIANCE: PLEASE ADDRESS THE SIX CRITERIA OF THE ZONING CODE SECTION XIII (E) (1) (b) 1-6 WHICH ARE LISTED ON THE BACK PAGE OF THIS APPLICATION. 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 ADDRE�S THE TEN CRITERIA S IN THE ATTACHED a j ZONING CODE SECTION XVI(G)(2) .: NOTE: APPLICANT SHALL INCLUDE THE FOLLOWING ITEMS WITH THIS APPLICATION: 1. CURRENT SURVEY OF PROPERTY SHOWING ALL STRUCTURES & 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 VILLAGE COUNCIL VARIANCE REQUEST- 23 6. APPLICATION FEE OF: A) SINGLE FAMILY - $ 300.00 B) DUPLEX - $ 500.00 C) MULTIPLE FAMILY - $ 750.00 D) COMMERCIAL - $1,000.00 C APPLICANT SIGNATUREVAWI"�,:C �L DATE: _ I 0 (o A Recycled Paper G0#1RAcro ,r +0 Z 'O S INC. RESIDENTIAL & COMMERCIAL 1610 NORTH CYPRESS DRIVE • JUPITER, FLORIDA 33469 March 14, 2001 Village of Tequesta Department of Community Development 357 Tequesta Drive Tequesta, FL 33469-0273 Re: 19020 Point Drive — The Gelber Residence To Whom It May Concern: Per the property owner's request, we are asking the Board of Adjustments to grant a variance for the front property of their lot. They are requesting permission to have nine (9) columns constructed with two (2) radius walls and decorative aluminum gates. Under Section E -1-b the following are the conditions for this request. B-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 building in the same zoning district°. The Gelbers property is 350' deep. Their home is set considerably back from the roadway. They wish to construct this feature as an architectural feature of the property as well as for security. Mr. Gelber travels extensively and this would help to ensure a safety element for his family. B-2; "That the Special conditions and circumstances do not result from the actions of the applicant." The property, as previously stated, is a long deep lot; therefore, these features need to be constructed by the roadway. B-3; That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, building or structures in the same zoning district; Once the variance requested is approved it will not grant any special privileges. At present there is at least one other home on Point Drive with a wall and decorative gates, as well as four or five on Riverside Drive and County Line Road. 407/746-4 407/546-3 B-4; "That literal interpretation of the provisions of the ordinance would dep9irve the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant'. As previously stated there are several homes in the immediate and nearby areas that have front entry gates and wall features. B-5; "That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure" The front entry feature can only be constructed as shown in the hardscape plans. As one can see it is a mixture of decorative columns with cast stone capitals and decorative aluminum gates. B-6; "That the grant of the variance will be in harmony with the general intent and purpose of the ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare." The front entry feature while being constructed of columns and decorative gates would also be landscaped on both the interior as well as the street side of the columns and gates. We would like to thank the Board of adjustments for their consideration to construct, what we feel would be an improvement to the property owned by the Gelbers, as well as the neighboring properties. As you review our request should you have any questions, please feel free to call on me. Sincerely, Steve Macari For Broedell, Inc. and Les Gelber (E) Powers and Duties ;o fthe Rbard of Adjustment and the Village Council. (1)e .board :ol' Ad justment and the village -council shad have the following powers in regard to -appeals ar�ci variances within their iwisdiction as .d..efi ed under subsection (A) of this "ord' nonce: (a) To hear .and decide aAAeals where itis alleged there is error Any -order, require t, decision or determination made by .an administrative;official. in the enforcement of this section or of any ordinance adopted pursuant thereto. (b) -To authorize upon .appeal in specific cases such variance from the :terms of the ordinance as will not :be consry to the public interest, where; -owing to special conditions, a literal enforcement of the .provisions of the ordinance will result. in unnecessary hardship. The power to grant any such variance shall be limited by and contingent upon a finding -by the board or council: 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 tit the same zoning district; 2. That the special: conditions and.circum stances do not result from the actions of the- applicant; 3. That granting the variance requested will not confer. on the applicant any special privilege that is denied by this ordinance to other lands, buildings 'or structures in the sazae •zoning`distidid; 4. Sat" literal° interpretation of the provisions of the ordinance wduld deprive fire ;applicant bf rights con n oily enjoyed by other" -properties in tris same zoning district under the terocis _of the ordinance and would wool'=vanecesssry and undue hariiehip on the appli- caYlt; - 5. Tliot the.: Variance granted_ is the mini znurn variance tlx will make possible the rea$onable use of 'the land_ , building or structure; 6. That the grant of the variance will be in harmonywith the general intent and purpose of the ordinance and that such variance will " not be injurious to the. area involved or otherwise detrimental to the- public_ wel� fate. Sec. X APPENDIX A—ZONING Sec. X (c) Walls and fences may be erected or maintained within or adjacent to a property line to a height not exceeding six (6) feet. No wall or fence shall be permitted to extend forward of the building front on any lot or parcel, except for lots or parcels located along and fronting upon Coun- try Club Drive, walls not exceeding five (5) feet in height may be located forward of the building front and fences associated only with accessory structures provided said fence is screened from public view with a hedge of not less than six (6) feet in height and not more than ten (10) feet, planted not more than two (2) feet on center. However, in the event that a wall, fence, or living hedge is erected or located on a corner lot or a double frontage lot, a vehicular and pedestrian visibility triangle ofa size and dimension .which complies with the current traffic engineering stan- dards of the American Association of State= Highway. and Transportation Officials (AASHTO), and Palm Beach ..County shall be .provided for_.in, both directions from_. the intersecting point of property_ lines. The maximum height of any wall, fence or hedge within said .visibility triangle shall be two and one-half (2.5) feet. (d) All clothes lines shall be installed in locations which shall not be conspicuous from the public streets or from adjoin- ing properties. Patio or porch railings may not be used as clothes lines. Clothes lines extending from second or higher floors of buildings are prohibited unless such clothes lines are properly screened from the public streets and from adjoining property. Fences or walls for the enclosure of clothes drying areas may be erected to a maximum height of six (6) feet, six (6) inches; provided, however, such construction is approved in advance by the appropriate authorities as to location on the property, the size of the area to be enclosed, and the height of the fence or wall. (e) Stands or open counters for the serving of food or bever- ages or other commercial purposes may be erected or permitted in landscaped public park areas after approval by the village council. Such stands or open counters may be used by nonprofit organizations for special events for which a permit has been issued. Supp. No. 28 1169 w o SHADY LANE j z U � � Qo 5�' FOUND IRON ROD LOCATION ` I I I 2QUx 2" CONCRETE MONUMENT I I I I I Ir MAP NOT TO SCALE TH RIGHT—OF—WAY LINE JESTA DRIVE DESCRIPTION LOT 11, ACCORDING TO THE PLAT OF JUPIT=R MANORS, SECTION ONE, AS RECORDED IN PLAT BOOK 12, PAGE 38, OF THE PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS. CONTAINING 33691 SQUARE FEET MORE OR LESS. LOT 1 2 1-50.5' S87'55'0011E 332'± 330.41' +QD� BENCH MARK HARD NAIL 18" PINE ELEVATION = 8.50 S87'55'00"E LEGEND: q = CENTERLINE A-7.1 = EXISTING ELEVATIONS O.H.E. = OVERHEAD ELECTRIC 'STEM WALLS & FORM BOARDS 0 TOP OF FORM BOARDS 12.0 c� ELEVATION = 9.5 NOTE 1. THIS SURVEY COMPLIES 1UTH CHAPTER 01017-e, FLORIDA ADMINISTRAnON CODE Z NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE 3. THIS SURVEY IS NOT VALID UNLESS EMBOSSED WITH SURVEYORS SEAL 4, NRITIEN DIMENSIONS TAKE PRECEDENCE OVER SCALED DIMENSIONS. S. LEGAL DESCRIPTION SUPPLIED BY CLIENT. & DIMENSIONS SHOWN HEREON BETVM HOUSE CORNERS AND PROPERTY LINES ARE NOT TO BE USED FOR ANY CONSTRUCTION PURPOSES 7. VISIBLE ENCROACHMENTS, IF ANY ARE AS SHO11M. & ELEVATIONS HEREON BASED ON N.O.V.D.(1M) IL BEARINGS HEREON BASED ON PLAT ROBERT J. DEARLOVE PROFESSIONAL SURVEYOR AND MAPPER CERTIFICATE NO. 3938 STATE OF FLORIDA CONCRETE SEAWALL FOUND IRON ROD & CAP "UNREADABLE" 1.5' 3.3 38.7 7 1.0 // co CO 23' � ' + 351.2 — FOUND IRON ROD II * CITY WATER & SANITARY SERVICE AVAILABLE Dearlove & Associates LAUD SURVEYORS 450 S. OLD DIXIE HWY, JUPITER, FLORIDA 33458 561-746-8745 FAX 561-746-9632 PROPERTY SHOWN HEREON IS LOCATED IN FLOOD ZONE A7 PER FLOOD INSURANCE RATE MAP 120228 0001 C DATED SEPTEMBER, 30 1982. Boundary Survey & Site Plan Prepared, For: GELBER RESIDENCE Scale 1"= 30' Date Of Survey Drawing Number Drawn by RES I JANUARY 5, 199 98-391 REVISIONS: UPDATE SURVEY & ADO SITE PLAN, 2-17-2000, RES. vIEs'E.�9•�0..:�>: F.B. 112 Pg. 10 pproved by: RJD CAMAGE LIGHT (TDDJ `!2')W' C1.E OLUMN W/ CAST 670CAP 4 6TUCC0 61DE6 WALL UY CA6T GTOW CAP 4 6TUCW 6096 AND FENCE M"ATION LIGHT TO,D. 3—C46T 6TCPE CAP 6' CMll 31' STUCCO 4 PANT ALL 60E6 II1 LAP DAM 30' n� GRAM 1� J h�;-ELNCTRICAL CONDUIT Q" L 3000 PAL AT YD DAYS u1 fy a ..t*._ Cl 6- b POMAR EA. WAY 4' Flt WAY CONpAGT 601L. TO W% OA 2 a 6'-0" HT. COLUMN is 3000 P.B.I. AT 20 DAYS 2- 04 REBAR -iivf--_-4 — I- 9 REBAR 24'�OrC. 30' EA WAY COMPACT BOIL TO WX 5'-0" HT. WALL A-8 27Q' COLLM WA CA6T 6TOPE CAP 4 STUCCO 61DES Ai 4'-&' CMT AUIMINM FENCE �tlZ—CMT mm CAP C'm JCCO 4 PANT ALL 61DE6 V, RE %W VM. (N DIAGONAL *HE").. FILL CF1 I LlW SAM 3W 3000 PA1 AT 24 DAY6 4- b PNU AR EA. WY. CO ,rAGT 601L TO SM B 4'-6" HT. COLUMN gs MATERIAL DUAUTY COMMEM ALL COMalTE SNNL E NMWAL WOW (1® 1VPE CWCMM WIN A LUMN Sm4m OF 3000 PSI a m OMi RIDlaoacwlP NIm: ALL R7iCROM VANS SPALL E OF NEW OLlEr .. CONFORMS MIH AM A-08 GRADE 40 M 8L CONCRETE PR016CIION PON Na100M7N SHIM THE POLLMO MI WO CW4CMM COIDIAOE NVLL 1E PROVIDED W NOT SHOW ON CONSTRUCTOR ORINNDE WJJ4 MD COURSE M K1 1\4 NaES PTmNaB W 3 NCIES SUIS WL 3/4 NICHES MWOMM ALL MAICOM NVU E wNOREIE ■M MIS 0WOM M TO ASM O -/a PLACED N RMW SOID PQIENR NRH PRE 'r WOMAN MO W OROED MIN WR -O -M OR EWR ENEW SEDOID COME. ALL Ca6TMCTIa1 T) CakOW TO THE FOL OMND COM - STADMD SUIDNO EOE, ISO ELNDN - SUIDND COOS NOROOdNM FOR MWIFO M CONCRETE CC 318) NAIIDNN, WIR8E7E NIM! WAIA. OF STMWID PRACTICE POR OEIALM RfNFOR09 CONCgEIE S16 MOSOMR VNITIM OF STM - NA1TalAL sPeaNrwnas PNano EDITION Mo IN4lEEF]Ir WL ES PORat NDOD CM6MXrlON r` Ar 1 Parker•Y6nette Design Group Planning Landscape Architecture Gmphics 100 S. Us. Highway 1 Salk 104 Alper, FL 33477 (561) 747 (561) 747-2041 FAX MAL 0}IMINt M W U W Q V1 W V) W Wz Q < J W �_ W� a. � W �Q a Q W � W_ 1n fe H Ow = b,.� 3•if•oi DRAMN ffi-a SlP/AO AOR tea o0 -a71 L/J WOU H-2 CAST STONE CAP POURED CAP OR U -BLOCK LUITW 414 REBAR CONT. I 8' CM.U. STUCCO ALL SIDES j 1 45 REBAR VERT. *24' O.C. IN FILLED CELLS l l LAP BARS 30' ,! —GRADE is 3000 P.B.I. AT 20 DAYS 2- 04 REBAR -iivf--_-4 — I- 9 REBAR 24'�OrC. 30' EA WAY COMPACT BOIL TO WX 5'-0" HT. WALL A-8 27Q' COLLM WA CA6T 6TOPE CAP 4 STUCCO 61DES Ai 4'-&' CMT AUIMINM FENCE �tlZ—CMT mm CAP C'm JCCO 4 PANT ALL 61DE6 V, RE %W VM. (N DIAGONAL *HE").. FILL CF1 I LlW SAM 3W 3000 PA1 AT 24 DAY6 4- b PNU AR EA. WY. CO ,rAGT 601L TO SM B 4'-6" HT. COLUMN gs MATERIAL DUAUTY COMMEM ALL COMalTE SNNL E NMWAL WOW (1® 1VPE CWCMM WIN A LUMN Sm4m OF 3000 PSI a m OMi RIDlaoacwlP NIm: ALL R7iCROM VANS SPALL E OF NEW OLlEr .. CONFORMS MIH AM A-08 GRADE 40 M 8L CONCRETE PR016CIION PON Na100M7N SHIM THE POLLMO MI WO CW4CMM COIDIAOE NVLL 1E PROVIDED W NOT SHOW ON CONSTRUCTOR ORINNDE WJJ4 MD COURSE M K1 1\4 NaES PTmNaB W 3 NCIES SUIS WL 3/4 NICHES MWOMM ALL MAICOM NVU E wNOREIE ■M MIS 0WOM M TO ASM O -/a PLACED N RMW SOID PQIENR NRH PRE 'r WOMAN MO W OROED MIN WR -O -M OR EWR ENEW SEDOID COME. ALL Ca6TMCTIa1 T) CakOW TO THE FOL OMND COM - STADMD SUIDNO EOE, ISO ELNDN - SUIDND COOS NOROOdNM FOR MWIFO M CONCRETE CC 318) NAIIDNN, WIR8E7E NIM! WAIA. OF STMWID PRACTICE POR OEIALM RfNFOR09 CONCgEIE S16 MOSOMR VNITIM OF STM - NA1TalAL sPeaNrwnas PNano EDITION Mo IN4lEEF]Ir WL ES PORat NDOD CM6MXrlON r` Ar 1 Parker•Y6nette Design Group Planning Landscape Architecture Gmphics 100 S. Us. Highway 1 Salk 104 Alper, FL 33477 (561) 747 (561) 747-2041 FAX MAL 0}IMINt M W U W Q V1 W V) W Wz Q < J W �_ W� a. � W �Q a Q W � W_ 1n fe H Ow = b,.� 3•if•oi DRAMN ffi-a SlP/AO AOR tea o0 -a71 L/J WOU H-2 VILLAGE OF TEQUESTA DEPARTMENT OF CON 4LZgTY DEVELOPMENT Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (561) 575-6220 Fax: (561) 575-6239 NAME OF APPLICANT: MAILING ADDRESS: APPLICATION FOR VARIANCE 49- 6 -757 - IM,5 " ;31DQ1N) 33412 PHONE NUMBER (HOME) '145-61647 (BUSINESS) LOT/PARCEL ADDRESS: Q Z 23- R 11/'t,{! t" e. EMU, LOT: 14 115' BLOCK: SUBDIVISION: �II/w A* @N, aftite, PROPERTY CONTROL NUMBER. NATURE OF VARIANCE: CQ S n►I s'p,G4 W0, J1 1 JUSTIFICATION OF VARIANCE: PLEASE ADDRESS THE SIX CRITERIA OF THE ZONING CODE SECTION XIII (E) (1) (b) 1-6 WHICH ARE LISTED ON THE BACK PAGE OF THIS APPLICATION. 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 SECTION XVI (G) (2) a j.: NOTE: APPLICANT SHALL INCLUDE THE FOLLOWING ITEMS WITH THIS APPLICATION: 1. CURRENT SURVEY OF PROPERTY SHOWING ALL STRUCTURES & 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 VILLAGE COUNCIL VARIANCE REQUEST- 2 6. APPLICATION FEE OF: A) SINGL FAMILY - $ 300.00 DUPL $ 500.00 ULT PLE FAMILY $ 750.00 D) RCIAL - $1,000.00 APPLICANT Recycled Paper DATE: qj Z O1 (E) Pocuers and Dties -.q f the via d of t�ldjusfine an d the Village Council. (1) -The board :of adjustment and the village -councilshall hue the followipg powers in regard to appeals and variapcea within their junsd coon as defined under-subaection (A) of this - ordi- nance: (a) To hear and decide appeals where it is alleged there U.error in any order, requirement, decision or .deterrninationmade by `an adec►inistrate :oci` in the enforcement of -this _ section or :of an ordinance adopted ursuan thereto_ y p p M To authorize upon .appeal in.specific cases such::variance from the :terms of the or"ance as will not be contrary to the public interest, where; -owing to special conditions, a literal enforcement of the provisions of the ordinance will result. in unnecessary hardship. The power to grant any such variance shall be limited by and contingent upon a finding by the board or council: 1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are notapplicable to other lands, structures - or buildings ii► the same zoning district; 2. That the special conditions andcircumstances do not result from the actions of the applicant, 3. That granting the variance :requested will not confer on the applicant any special privilege that is denied by this ordinance to other -lands, buildings or structures' in the same zoriing`district; 4. That literal interpretation of the provisions of the ordinance would deprive the :applicant d rights com- nntnly enjoyed by other propertiesin tte same zoning district under the terms .of the ordinance and would work unnecessary and undue- hardship on the appli- cant 5. That the ..variance granted is the Minimum variance than will make'possible the reasonable use_ of the land, building or structure; 6. That the grant of the variance will be in harmony-with the general intent and purpose of the ordinance and that such variance will not be injurious to the. area involved or otherwise detrimental to the public wel- fare. Village of Tequesta Department of Community Development Board of Adjustment P.O. Box 3273 Tequesta, F133469-0273 Re: 19223 Riverside Dr. Tequesta Gentlemen: 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 in the same zoning district; There was a chain link fence in place at the same location upon the purchase of property in August of 2000. It was in very poor condition, both structurally and aesthetically and was demolished along with the old home. 2. That the special conditions and circumstances do not result from the actions of the applicant: The chain link was in place on the property at the time the owner purchased the property. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings or structures in the same zoning district; There are few homes along this part of Riverside Drive, which have gates and/or fences at varying distances from the roadway. Additionally, not all of the fences and/or gates are traditional in nature. One residence recently replaced a previous wall with a new wall along what appears to be the same location on the property. Page Two 4. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant; The request to install a wall instead of a fence is due to several factors: 1. A beautifully maintained and landscape block wall will increase the overall property value, add permanent security and enhance the view from the street; 2. A block wall has increased longevity over a wooden fence and will not deteriorate as fast, nor suffer in appearance as it ages; 3. A block wall offers hurricane and security protection to the property. High winds often blow wooden fences over which would leave the property vulnerable to trespassers; 4. The owner has grandchildren who visit frequently as well as dogs, which have been with the family for a long time. Both the grandchildren and dogs like to run. A block wall will prevent either grandchildren or dogs running through the fence to Riverside Drive; and 5. It is not evident in the code or zoning that a wooden fence that was grand fathered cannot be replaced with a more solid structure in the same location. 5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; The block wall is placed in the same location in which the existing fence had been located. It has not been moved forward toward the street, nor back toward the house at any point. Page Three 6. That the grant of the variance will be in harmony with the general intent and purpose of the ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The grant of this variance will be in harmony with the general intent and purpose of the ordinance in that the intention of ordinance is to maintain order and harmony in the view of properties from the street. The block wall and landscaping intended for the area shall be in a similar color to homes in the area and the landscaping will be in accordance with the other homes. The granting of this variance will not be injurious to the area as it simply replaces a fence that was in disrepair. Sincerely, Harry Hersey Sec. X APPENDIX A—ZONING Sec. X (c) Walls and fences may be erected or maintained within or adjacent to a property line to a height not exceeding six (6) feet. No wall or fence shall be permitted to extend forward of the building front on any lot or parcel, except for lots or parcels located along and fronting upon Coun- try Club Drive, walls not exceeding five (5) feet in height may be located forward of the building front and fences associated only with accessory structures provided said fence is screened from public view with a hedge of not less than six (6) feet in height and not more than ten (10) feet, planted not more than two (2) feet on center. However, in the event that a wall, fence, or living hedge is erected or located on a corner lot or a double frontage lot, a vehicular and pedestrian visibility triangle of 'a size and dimension which complies with the current traffic engineering stan- dar ds tan-dards of the American Association of State- Highway. and Transportation Officials (AASHTO),, and Palm Beach County shall .be provided for_ in_ both directions from= the intersecting point of property lines. The -maximum height of any wall, fence or hedge within said visibility triangle shall be two and one-half (2.5) feet. (d) All clothes lines shall be installed in locations which shall not be conspicuous from the public streets or from adjoin- ing properties. Patio or porch railings may not be used as clothes lines. Clothes lines extending from second or higher floors of buildings are prohibited unless such clothes lines are properly screened from the public streets and from adjoining property. Fences or walls for the enclosure of clothes drying areas may be erected to a maximum height of six (6) feet, six (6) inches; provided, however, such construction is approved in advance by the appropriate authorities as to location on the property, the size of the area to be enclosed, and the height of the fence or wall. (e) Stands or open counters for the serving of food or bever- ages or other commercial purposes may be erected or permitted in landscaped public park areas after approval by the village council. Such stands or open counters may be used by nonprofit organizations for special events for which a permit has been issued. Supp. No. 28 1169 Sec. XIII TEQUESTA CODE See. X111 SECTION XIII. APPEALS AND VARIANCES, BOARD OF ADJUSTMENT AND VILLAGE COUNCIL (A) Appeals and Variances. Appeals and variances described herein shallbe considered by either the board of adjustment or the. village council. The . board - of adjustment shall consider appeals and variances- relating to smgle-fiunfly properties and structures located within the R -1-A and R-1 Single -Family Dwell- ing Districts of the village. The village council shall consider appeals and variances relating to all other properties not within the jurisdiction of the board- d, of adjustment, including properties within the R -1A and, R-I.Single-Famfly Dwelling 'Districts which are not single-family, structures -and properties.in all -other zoning districts to the village, and appeals and variances . relating to subdivisions in any zoning 9 district. .(B) Board of Adjustmentr (1) A, board of adjustment is, 4ereby established, which: shall perform its duties.. as provided by lawinsuch a way that 111;he . objectives of this ordinance shall - be obses-ired, public health- adeim and welfare secured 'and substantial -justice done. _(2) The board of Adjustment shall consist. of 'five (5) regular members appointed by the village council and who.. shall serve without compensation and :for a term of three (3) years. In addition to the regular board members, two Madditional -mein- bers, to be designate& asAltemate #1 and Alternate #2,, shall be appointed ta,gerve in that.order at meetings of the board when necessary on said board as; o -quorum. In. the case of only three (3): members present,- A- present shall have to vote in favor of a - variance to make it effeedve.. Alternate members shall serve :for - two (2) ydam' but of th 6 first appointed alternate member. s, one (1) shall serve for one (1) year, and one (1) shall serve for two. (2) - years. Thereafter, alternate members shall be appointed for two-year terms. (3) Vacancies in the board membership by resignation, illness or other - causes- shall be filled -by the village council for the. unexpired term of the member involved: Members. of theboardof adjustment may be removed from office by- the village, council upon written charges and after public hearing. The board.shall Supp. No. 25 1208.6 See, Zan APPENDIX A—ZONING Sec. XIII select its own chairman and vice-chairman annually at the first meeting of the calendar year. The. building official or his desig- nated esig nated representative shall serve as clerk and advisor to the board. (4) All members of the board of adjustment shall be qualified electors of the village. (5) The board_ of adjustment shall adopt rules of procedure for the conduct of its business, consistent with the provisions of this ordinance: Meetings of the board shall be held at the call of the chairman, and at such time as the board may .determine. Such chairman, or- . in his absence,: the `rice -chairman or acting chair- man, may administer oaths. and compel the :attendance of wit- nesses. All meetings of the board and its files or records shall be open to the public. (6) The . board of adjustment shall also keep minutes of its proceedings, showing � the vote of, each member upon _each quer • tion, or, _if, absent, indicating such -fact, and shall keep records of its eaaminati_ ons and other official actions, all of which shallbe immediately filed. in the office of the board.and shall be a public record_ (C) Appeals, Hearing, Notice. (1) Appeals to the board of adjustment or the village council may be taken by any person - aggrieved or by any officer; or bureau, or department of the governing. body. of the - village affected by any decision of -the administrative officer charged with enforcement of that portion. of the zoning ordinance relating to the powers and duties of the board of adjustment or the village a council. Such appeal' -shall be taken within reasonable time as - provided -by the rules of the board or the council, by filing with the clerk of the board or the council a notice .of appeal specifying the. . grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board or the council. all of the papers constituting the record upon which the action was taken. (2) The board or the council shall fix a reasonable time for the hearing of the* appeal, give public notice thereof, by sending notice through regular mail to property owners of record within a ! threehundred-foot radius of the outermost perimeter of the Supp. No. 25 1209 See. XIII TEQUESTA CODE See. XIII subject property and by publication in a newspaper of general circulation within the community, as well as due notice to the parties in interest, and decide the same within a reasonable time. Up -on the hearing, any -party may appear in person, by agent or by -------- ------ — ------------ (3) In any matter brought before the board or the council and upon which it is required to'make a decision, the parties in interest shall be given notice by mail of the time, place and subject matter of the hearing.. For this purpose, the owner of the property shall be deemed to be the person shown on the current tax- assessment roll as being the owner, and such notice shall be sent -to, the address given on such assessment roll for that person. (D) Stay of Proceedings. :(I),Anappeal stars all p'r-ocee4in 'th _ran;e of the actiongam furtherance e appealed from, unless - the ofter from whom the appeal is taken certifies to the board of aojuatmeut or the village :council after the notice ..of appeal:shall have hien filed with him that by reason .of facts stated in the certificate a stay would, inhisopinion,:cave imminent peril to 'life and property. In such case, proic"dm* �gs shall not be -stayed qt4arwi than by a restraining order which may be grouted by the bow# or the council or by a -court of record on a .appeal :is pphcation, q4 notice to the qfficer from whozp the t4e A and -.oA .dine cane "hV.p- (E -a -m ...),Powers and Pest theObarg of � _4 the VA*Uage (1) Tbebq .ard.of adjustment and the village council shad have the Jollowhpg po— rsin regard to anvan'anceswhin their jurisdiction as defined puder subsection (A) of this'ordi- nonce: (a) Ib hear and decide appeals where it is alleged there is error in any order,- requirement decision or determin ation made by an administrative':official. in the enforcement of this section or of any ordinance adopted pursuant thereto. (b) Ib authorize upon -appeal in specific cases such variance from the terms of the ordin—mce as will not :be contrary to Supp. No. 25 1210 f is see. XIII APPENDIX A—ZONING Sec. XIII the public interest, where; -owing to special conditions, a literal enforcement.of.the provisions of the ordinance will result in unnecessary hardship. The power- to grant any such variance-. shall be limited by and contingent upon a finding by the board or council: 1. That special conditions and circumstances erist which arepeculiar to the land, structure, or building involved and which are not applicable to other lands, structures - . or buildings' n- the same zoning. district, 2. That the special. conditions and- circumstances do. not result from the- actions .of the applicant; 3. That granting the variance :requested will. not confer. on the applicant any special privilege -privilege -that is ;denied by this ordinance to other -lands, buildings or structures an in the same zoning'distaricct; 4. That literal interpretation of the .. provisions:: of the o>Edinance would `d6064e the..applica nt 'of rights com- monly enjoyedby other properties in.the same zoning. district under the tennis of the ordinance and would work ° unnecessary and undue hardship cn , the appli- cant 5. That the . variance granted is the minimum variance that will make possible the reasonable use of the land, _ building or structure;: 6. That the grant of the variance will be in harmonywith the general intent and -purpose of the ordinance and that such variance will not be injurious to the, area involved or otherwise detrimental- to the. he public. wel- fare. (c) In granting..0 y variance, the . board of adjustment or village council may prescribe appropriate conditions. and safeguards in conformity with this section and any .ordi- nance enacted by the village council. Violation of such conditions -and safeguards, when made a part of the terms under which the variance is granted, shallbe deemed a violation of this ordinance. (d) In reviewing matters brought before it pursuant to the provisions of .this section, neither the board of adjustment Supp. No. 25 1211 Sec. XIII TEQUESTA CODE sec. XIII nor the village council shall exercise .authority or jurisdic- tion over matters which are specifically reserved to other officers, boards or agencies of the village. Where site plan review is necessitated pursuant to the provisions of this ordinance, no decision of the board of adjustment or the village council with respect to a variance, or other matter, pertaining to the property, in questions shall obviate the necessity for: such site plan review: " Where a requested building permit has been withheld :by the building official for want of compliance with applicable laws -and ordi- nances beyond the jurisdiction of the board of adjustment or the village council,- no building. permit shall be issued regardless of any decision of the board or council until the requirements of said laves and ordinances have bteen- met. (e).T Under no circumstances shall the board: of -adjustment or the village council. -grant a variance t4`. permit : a use>,00t generally or .:by spec}al, exception permitted `rmitted in the zoning iiistrict involved or any - useegpremly or by 'implication prohibited`.byAhe. terms of this ordinance'in r the zoning ;district;. No nonconforming use of nei noriOg_lands,-stnic tures, or buildings in -the sane zoning district :.and no permitted use . of .lands; stores :or buildings in other zoning districti•dh _.be considered grounds -for the ,autho- nzation of a variance. (1• ) Dec. issons oftht Bo and ofAdiustmea.or tree Vdhwe Council. In exercising the above m onedi' .Owers the boerd-or fife coupe may,. in conformity with the provisiOns of this section, . reverse' or affirm, wholly or partly, orV�ay-modify the.order, requirement, decision or determination :appealed from and may make such order, requirement, .decision or . determination as ought to be made, and -to that end shall have .40 the powers of the officer from whom the appeal is taken. The concurring vote :of three - (3) members .of the -board or the council shall be necessary to -reverse any order, requirement, decision or determination.. of any such administrative official, or to decide -in favor of the applicant on any matter upon which - it is required to pa$s under any such ordinance, or to effect any variation in . such ordinance. ,any request denied by the board -:or the council shall not- be resubmit- ted esubmitted for a period of ninety (90)- darts after the date of :denial. Supp. No. 25 1212 Sec. XIII APPFNDDt A—, 0MG Sec. XIV (G) Appeals from the Board of Adjustment or the Vdlage- Council. Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment or the village council, or any taxpayer, or any officer, department, board or division of the governing body of the village,. may present to a circuit court a petition setting forth that such.. decision is illegal, in whole or, in part, specifying the -grounds of the illegality and such present- ment shall be made within thirty (30) days of the filing of the decision. (H). Tbne Linui+atiom The board of adjustanent or the- village . council may -prescribe a reasonable time limit within which -the-- action -for -which the variance .J_ required shall be begun. or completed or both.. However,'if no time limit- is specified by the board or the.. council, then the variance shall expire within a (6) months from the. date of -grant, unless,a building permit based upon and incorporating the variance is. issued within the afore- said six - month period and construction hasbegun thereunder.:. (I) Filing. Fee. (1) Upon filing an application to the board of adjustment or the village council, the applicant shall. pay a fee to the. village at the . time of filing of ouch application. $aid fee shall be in an amount as established' in Chapter 16. of the Village of 1Tequesta Code of Ordinances, shall not be reimbursable, -and is intended to defray the costs of administering, processing.and reviewing the applica- tion. pplication. (2) -The building official may waive. the. filing fee when the applicant seeks a variance to replace an existing screeimed swim- ming pool enclosure with. a new screened swimming pool enclo- sure having the same dimensions but a. greater height than the existing screened $wimnning pool- enclosure. (Ord. No. 503, f. 13, 1042-95) CHARLES B. FISCHER, JR. 15 SHADY LANE TEQUESTA, FL 33469 July 12, 2001 Village of Tequesta Board of Adjustment P.O. Box 3273 Tequesta, FL 33469-6220 RE: Application of Les Gelber, 19020 Point Drive Members of the Board: I am writing to express my concerns about the application made by Mr. Gelber to install a fence and wall in violation of the Tequesta zoning code. I oppose the proposed variance for this property. I work on Palm Beach Island and have lived in Tequesta since I moved to the area in 1996. 1 chose Tequesta over a number of the other areas closer to my office because of its warm, family-oriented atmosphere. Unlike most of the new communities being developed, with gates, high walls and compound -type structures, the Tequesta peninsula has retained its character. This has been accomplished through the tasteful use of landscaping and the efficiency of our local Tequesta Police force. I fully appreciate Mr. Gelber's large investment in his new home but request you deny his application for a variance. To approve his request would create a precedent for all future building and could lead to Tequesta losing its small town flavor and turning into another Boca Raton -like area. Although I was planning to be at the original meeting on April 23 to voice my objection, I will be unable to attend this one. Please include this letter in your official minutes of your meeting. Thank you. Sincerely yours, cv Charles B. Fischer, Jr. r i Lth ri4 4"-P'R,,L� ,f n4-� 41 eLn 71 Ola /7-) a .� 4k c t_o u�� i a� •e� �rav�-4� n . A� �in.�7� G�o� 2� yy�p r�.��► q .cscc c hOq n-► a ,C�-! 4l G�-� u•� oG ale U 19058 Point Drive Tequesta, FL 33469 May 16, 2001 Mr. Jeff Neuell Department of Community Development Village of Tequesta P.O. Box 3273 Tequesta, FL 33469-6220 Reference: Application of Les Gelber. 19020 Point Drive Dear Mr. Neuell: The purpose of this letter is two folds: 1. On April 9, 2001 Joanne Bumsed sent us a letter regarding Les Gelber's application for a variance at his property located at 19020 Point Drive, which was to be held on April 23, 2001. It was my understanding his application was postponed to a later date. Since we are opposed to this variance I would appreciate your advising us when this proposal will be considered. 2. When we built our home at 19058 Point Drive, which was completed in December 1999, we were required by the Village of Tequesta, to install a sidewalk with the correct "swale" in our driveway along Point Drive. The Village officials told us that this is mandatory and that all future home construction in Tequesta would also require the builder (homeowner) to construct a sidewalk (if one is not already present). Since homes are under construction on Point Drive it is important that the sidewalk mandate is continued. In conclusion, I would appreciate your advising me when the public hearing for the variance for 19020 Point Drive will be held and that the sidewalk mandate will be enforced. Thank you. Sincerely, William L. Snyder JIM AND JOY SHERIDAN 23 SHADY LANE TEQUESTA, FLORIDA 33469 (561)748-7135 April 20, 2001 Joanne M. Burnsed Department of Community Development Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 RE: Application of Les Gelber Requesting Variance Property Location - 19020 Point Drive, Lot 11, Jupiter Manors Public Hearing - 4/23/01 at 7:30 p.m. Dear Ms. Burnsed: We have been advised that the owners of the above -referenced property have requested a variance from the Village of Tequesta which would allow construction of a driveway entrance feature to the property consisting of gates, concrete columns and aluminum fencing. We have also received a copy of Mr. Harrison Hine's letter to the Tequesta Board of Adjustment which states his opposition thereto. We concur with Mr. Hine in his objection to this variance for all the reasons he has stated in his letter. We would like to reinforce the statement that allowing a variance to one homeowner will only set a precedent which will have to be followed when other homeowners make the same request. As you are aware, an entrance/exit to Shady Lane is from Point Drive. The erection of a concrete barrier, no matter how tastefully built, will affect the aethestics of the community. The Village of Tequesta is a beautiful area to live. The residents are able to walk and ride bicycles freely and enjoy the beauty of our surroundings. Point Drive is a relatively narrow street with beautiful trees and foliage. To allow concrete walls to be erected around individual pieces of property will close off this area. Please take into consideration our objection to the requested variance, as well as that of Mr. Hine, at your meeting on April 23, 2001. Very truly yo s J and JOY SHERIDAN D OLORES AND EDWIN GROLL April 20, 2001 Joanne M. Burnsed Department of Community Development Village of Tequesta P.O. Box 3273 Tequesta, Florida 33469-6220 RE: Application of Les Gelber, 19020 Point Drive, April 23, 2001 Dear Ms. Burnsed: We Hereby express our opposition to the proposed variance being issued for a fence and Wall, which Dolores and I feel, will significantly change the character of our neighborhood. Sincerely, 9 414 Dolores Groll Edwin Groll r2l JZ v 2�y V21 -Y xi�e, ov I 7'1 a?,W(? (97—yv ry—r 9 a—.Yp eo— 'rX7 Z 4�,� p N" tj P9'1 r THE SNYDER'S 19058 Point Drive Tequesta, FL 33469 July 5, 2001 Joanne M. Burnsed Department of Community Development Village of Tequesta Board of Adjustment P.O. Box 3273 Tequesta, FL 33469-6220 RE: Application of Les Gelber, 19020 Point Drive Dear Ms. Burnsed: This letter is in response to your letter dated July 2, 2001 regarding the Application for a variance from the Tequesta Zoning Ordinance from Mr. Les Gelber for the installation of entry columns, walls and gates. This is in direct violation of Tequesta Zoning Ordinance and this letter is to state our strong objection against allowing their proposed variance. We moved to Tequesta from Boca Raton one and one-half years ago and one of our primary attractions to this area was the absence of gates, walls, and barriers that turned communities and homes into "uninviting structures". Tequesta is a friendly, open area that is certainly family oriented. If this variance were approved, the new atmosphere and appearance of this Tequesta neighborhood would be adversely affected. In fact, this would "open the door" to approval of similar fencing and walls throughout Tequesta for new and existing homes. We plan on attending the meeting on July 16th to voice our objection to this proposed variance; however, we felt it appropriate to also state our feelings in writing. Sincerely, William L. Snyder Marie Snyder CHERYL & HARRISON HINE July 3, 2001 Village of Tequesta Board of Adjustment P.O. Box 3273 Tequesta, FL 33469-6220 RE: Application of Les Gelber, 19020 Point Drive, July 2, 2001 Hearing scheduled for Monday, July 16, 2001 Attention of the Board: �x.��„ sr,.,M,•rn d1 :a ,�,OMWJNI t Y DEVE .OPINE' We are writing the Tequesta Board of Adjustment with regard to the application of Les Gelber to install a fence and wail in violation of city zoning code. We hereby express our opposition to the proposed variance being issued for the above- mentioned property. We appreciate that the owner has made a significant investment in the improvements to this property. However the proposal for gates and wails will significantly change the character of our neighborhood. Six years ago we moved to Tequesta because it was not a "gated community". We enjoy the -fact that our neighborhood is an inviting family area. The construction of "Compounds"where a house is like a fortress has no place in our village. Other neighbors using appropriate landscape materials have tastefully handled privacy concerns. Security issues can be handled by other means along with the efficient policing of the Tequesta Police Department. Please do not grant this application for a variance to our carefully crafted building codes. If the proposed variance is granted it most likely will set a precedent that could snowball with all new construction in the area. This would change the ambiance of our village. Unfortunately our family will be out of town for this rescheduled meeting. If we were able to attend we would oppose the proposed variance in the strongest possible terms. Sincerel , Harrison W. Hine Cheryl H. Hine 19438 POINT DRI44-2282 • FAX: FL 9 34 PHONE: S611744 -2282E 61 /7 56i/744-3127 E-MAIL HINECONSULT6ATT. NET HARRISON HINE May 23, 2001 Joanne M Burnsed Department of Community Development Village of Tequesta PO Box 3273 Tequesta, FL 33469 RE: Guest House, 19020 Point Drive Dear Ms. Burnsed: I have not heard back from your office regarding the rescheduled meeting for variance requested for the wall and fence for 19020 Point Drive. Has this hearing been rescheduled or has the applicant dropped his request for variance? On another matter regarding this property, it has come to my attention that the owner intends to build a two story "guest house" on the property. Is this project in the permit stage at this time? Please let me know the status of these two proposed projects. Sincerely, Harrison W. Hine 19038 POINT DRIVE • TEQUESTA, FL • 33469-2030 PHONE: 561/744-2282 • FAX; 561/744-3127 E-MAIL HINECONSULT@ATT.NET r ' f j 1 , �' '�' � f"i •, � t - .- � rc' Pr � >' ,.*rte r `e Y e 1 a •' 1 xa ACTION ITEMS FROM BOARD OF ADJUSTMENT MEETING of 7/16/01 DISTRIBUTION: Village Manager Michael R Couzzo, Jr. Clerk of the Board Jeff Newell Village Clerk Mary Wolcott FROM: Betty Laur, Recording Secretary Village Attorney Randolph suggested that applicants be required to address the requirements under the ordinance that they must meet to substantiate their request, during their presentations Chair Humpage requested that items (A) swearing in and (B) exparte communications, be switched in the future, which was agreeable with the Board. Boardmember Pullon commented it would be helpful to him to have copies of letters from the neighbors regarding an application prior to the meeting, and letters could be faxed to him. Mr. Newell advised that letters would be made available before the meeting in the future. Chair Humpage commented he had learned that the Village's Building Department had a zoning atlas which showed every lot and was color coded and which cost $25 per copy, which would be very helpful to the Board when looking at properties. Chair Humpage requested that the Village provide each member of this Board with a copy of this zoning atlas. Chair Humpage suggested to Mr. Newell that as people requested variance applications for walls that he advise them the Village did not have an ordinance against live hedges and berms, and to encourage them to use other means of achieving privacy. Mr. Newell agreed, noted this was the first time he had sat on this Board, that he would endeavor to look at what the code did address, and that a text amendment or re -write might be required Mr. Griest questioned whether Kevin Kinnebrew was still a member of the Board, and it was noted that the Village Clerk would check on this. Mr. Griest commented if Mr. Kinnebrew was no longer on the Board, another alternate should be appointed. Chair Humpage requested the Village Council consider setting up an Ordinance Review Committee with one Councilmember, one Department Head, and one Attorney. July 17, 2001 VILLAGE OF TEQUESTA DEPARTMENT OF COMW-U\iI'Y DI /U0PMWF Post Office Box 3273 250 Tequesta Drive • Suite 305 Tequesta, Florida 33469-0273 (561) 575-6220 • Fax: (561) 575-6224 Mr. & Mrs. H. Heresy 7614 Hawks Landing Drive West Palm Beach, FL 33412 Subject: Request for Variance, Board Action 19223 Riverside Drive, Tequesta Dear Mr. & Mrs. Hersey: This letter is to confirm the action of the Village of Tequesta Board of Adjustment at their July 16, 2001, Public Hearing approving your application for variance, as submitted, to allow the construction of six (6) foot high driveway entrance columns with gates, and a five (5) high CBS privacy wall with six (6') foot high columns located approximately two (2) foot inside the front property line, in lieu of no wall or fence being permitted to extend forward of the building front on any lot or parcel, as required by the Zoning Ordinance. Please be advised that this variance shall expire within six (6) months from the date of grant, unless a building permit based upon and incorporating the variance is issued within the aforesaid six-month period and construction has begun there under. All applicable outside agency approvals reflecting the revised dock length must be submitted with the permit application. The action of this Board has no bearing or relationship to any other approvals or permits which may be required. If you have any questions regarding this matter, please feel free to contact me. Very truly yours, VC.r ofthe Attch. ljmb TEQUESTA ADJUSTMENT R� cc: John C. Randolph, Village Attomey Malcolm F. Jones Homes by Jones 5600 PGA Blvd., Suite 204 Palm Beach Gardens, FL 33418 Recycled Paper July 17, 2001 VILLAGE OF TEQUESTA DITARTAff VT OF COM AUNnY DEVELOPMENT" Post Office Box 3273 250 Tequesta Drive • Suite 305 Tequesta, Florida 33469-0273 (561) 575-6220 • Fax: (561) 575-6224 Steve Macari Broedell, Inc. 1610 N. Cypress Dr. Jupiter, FL 33469 Subject: Request for Variance Gelber Residence, 19020 Point Drive, Tequesta Dear Mr. Macari: This letter is to confirm the action of the Village of Tequesta Board of Adjustment at their July 16, 2001, Public Hearing denying your application for variance at the above subject property to allow the construction of six (6') foot high driveway entry columns, walls, and gates located approximately six (6) feet inside the front property line, in lieu of no wall or fence being permitted to extend forward of the building front on any lot or parcel, as required by the Zoning Ordinance. Any request denied by the Board or the Council shall not be resubmitted for a period of ninety (90) days after the date of denial. For your information, attached is a copy of Village of Tequesta Comprehensive Zoning Ordinance, Section XIII (G) Appeals from the Board of Adjustment or the Village Council, which outlines the appeal process for any person aggrieved by any decision of the Board. If you have any questions regarding this matter, please feel free to contact me. Very truly yours, TEQUESTA AD STMENT Je ry C. fewell ,gpOlerk of Board Attch. /jmb cc: John C. Randolph, Village Attorney Mr. Les Gelber 10118 S.E. White Pelican Way Tequesta, FL 33469 Recycled Paper Sec. XIII TEQUESTA CODE Sec. XIII nor the village council shall exercise authority or jurisdic- tion over matters which are specifically reserved to other officers, boards or agencies of the village. Where site plan review is necessitated pursuant to the provisions of this ordinance, no decision of the board of adjustment or the village council with respect to a Variance, or other matter, Pertaining to the property in questions shall obviate the necessity for such site Olan review. Where a requested building permit; has been' withheld by the building official for want of compliance with a licable 'rows and ordi- nances beyond the jurisdiction of board of adjustment or the village councad, no buildin permit ;shall be issued regardless of any decision of the I oard or council until the requirements of said laws and orliinances have been met. (e) Under no circumstancesshall the board of adjustment or the village council grwit. a variahce to Permit a use not generally or by specia ..exception"Permitted in the zoning district involved or any use exP 6osly or by implication prohibited by the terms ;oaf this ordinance in the zoning district. No;nonconforming use of heiglxbor*g lands, struc- tures, or buildings in the same zoning ; strict .and no permitted use of lands, etructurp-a or begs ,in other zoning districts shaft be c6nsidera d grounds for the autho- rization of a variance. (F) Decisions Of the mrd of Adjtcst neat fir the Vide Council, In e'*r.cis ng the above Ment 9ned Powers the board or the council may, in conformity with the aYisions # this seeUsu, reverse or a�l'in, wholly or partly, or Haas zrt� the mrd , requirement, decision or determination appealed fr* and may make "ch order, requirement, decision or deteration ass ought to be made, and ta:that.end sh lha" all the lowers ofthe officer from viola the appeal is taken. 'e concrring vdte of three (3) members of the board or the e411hccil shad 'be neceftary to reverse any m'der, requirement, decision or de ermina*n of any such Wlm ,nistrBbv� official, or to decide in f6vor of the npp cant on any matter upon whA it is required to pass uadbr any snch ordinance, or to .effect.any "riatien such ordbaance. Any reclyiest denied by: the hoard or --the counW shall not be resubmit- ted for a period of ninety (190) :days. after the date of denial. Sur ',.25 1212 Sec. XIII APPENDIX A—ZONING Sec. XIV (G) -Appeals from the Board of Adjustment or the Village Council. Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment or the village council, or any taxpayer, or any officer, department, board or division of the governing body of the village, , may present to a circuit court a petition setting forth that such decision is illegal, in whole or in Part, specifying the grounds of the illegality and such present- ment shall be made within thirty (30) days of the filing of the decision. (H) lime Limitation. The board of adjustment or the village council may prescribea reasonable time limit within which the action for which the variance is required shall be begun or completed or both. However, if no time limit is specified by the board or the council, then the variance shall expire within six (6) months from the date of grant, unless a building permit based upon and incorporating the variance is issued within the afore- said six-month period and construction has begun thereunder. (I) Filing Fee. (1) Upon filing an application to the board of adjustment or the village council, the applicant shall pay a fee to the village at the time of filing of such application. Said fee shall be in an amount as established in Chapter 16 of .the Village of Tequesta Code of Ordinances, shall not be reimbursable, and is intended to defray the costs of administering, processing and reviewing the applica- tion. (2) The building official may waive the filing fee when the applicant seeks a variance to replace an existing screened swim- ming pool enclosure with a new screened swimming pool enclo- sure having the same dimensions but a greater height than the existing screened swimming pool enclosure. (Ord. No. 503, § 1, 10-12-95) SECTION XIV, NONCONFORMING USES (A) The lawful use of any building, structure or land existing at the time of the adoption of this ordinance may :ontinued Supp. No. 25 I n+n VILLAGE OF TEQUESTA DEPARTMENT OF COMMUNn Y DEVELOPMENT Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (561) 575-6220 Fax: (561) 575-6239 MEMORANDUM TO: Members, Board of Adjustment John C. Randolph, Village Attorney FROM: Joanne M. Burnsed, Administrative Aide Department of Community Development DATE: July 2, 2001 SUBJECT: Board of Adjustment Public Hearing, July 16, 2001 Enclosed please find the agenda for the above referenced Public Hearing scheduled for Monday, July 16, 2001, beginning at 7:30 P.M. in the Village Recreation Center, 399 Seabrook Road, Tequesta. Encl. cc: Alternate Members, Board of Adjustment Jeffery Newell, Director of Community Development Michael Couzzo, Village Manager limb Recycled Paper VILLAGE OF TEQUESTA DEPARIMENr OF CONIIvI JNnY DEVELOPMENT Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (561) 575-6220 Fax: (561) 575-6239 July 2, 2001 Steve Macari Broedell, Inc. 1610 N. Cypress Dr. Jupiter, FL 33469 Subject: Request for Variance Gelber Residence, 19020 Point Drive, Tequesta Dear Mr. Nt cari: v Enclosed is a copy of the Notice of Board of Adjustment Public Hearing to be held at 7:30 P.M., Monday, July 16, 2001, in the Village Recreation Center, 399 Seabrook Road, Tequesta, Florida, to act upon the above referenced application for a variance to the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta. Receipt of your check No. 14164 for $300.00 for the application is hereby acknowledged. Also enclosed is a copy of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, Section XIII, Board of Adjustment, which outlines the manner in which the Board of Adjustment must consider your application. You and/or your representative must be in attendance at the hearing to present your application. Very truly yours, FOR THE BOARD OF ADJUSTMENT Joann. Burnsed Dep ment of Community Development Encl. /jmb cc: Les Gelber 10118 S.E. White Pelican Way Tequesta, FL 33469 Recycled Paper VILLAGE OF TEQUESTA DEPARTMENT OF COMMUNITY DEVELOPMENT Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (561) 575-6220 Fax: (561) 575-6239 July 2, 2001 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 Hearing at 7:30 P.M., Monday, July 16, 2001, in the Village Recreation Center, 399 Seabrook Road, Tequesta, Florida, to consider: An application from Les Gelber, Stephen J. Macari for Broedell Inc. as agent, owner of the property located at 19020 Point Drive, Lot 11, Jupiter Manors/Block D Subdivision, requesting a variance to the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, Section X, Supplemental Regulations Applying to a Specific, to Several or to All Districts, Subsection (A), General Provisions, Paragraph (1)(c), Walls and Fences, to allow the construction of six (6') foot high driveway entry columns, walls, and gates located approximately six (6') feet inside the front property line, in lieu of no wall or fence being permitted to extend forward of the building front on any lot or parcel, as required by the Zoning Ordinance. 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, For the Board of Adjustment JW e M. Burnsed Department of Community Development /jmb 0 Rec y( led Paper VILLAGE OF TEQUESTA DEPARTMENT OF COMMUNrfY DEVELOPMENT Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (561) 575-6220 Fax: (561) 575-6239 July 2, 2001 Mr. & Mrs. H. Hersey 7614 Hawks Landing Drive West Palm Beach, FL 33412 Subject: Request for Variance 19223 Riverside Drive, Tequesta Dear Mr. & Mrs. Hersey: Enclosed is a copy of the Notice of Board of Adjustment Public Hearing to be held at 7:30 P.M., Monday, July 16, 2001, in the Village Recreation Center, 399 Seabrook Road, Tequesta, Florida, to act upon the above referenced application for a variance to the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta. Receipt of your check No. 17715 for $300.00 for the application is hereby acknowledged. Also enclosed is a copy of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, Section XIII, Board of Adjustment, which outlines the manner in which the Board of Adjustment must consider your application. You and/or your representative must be in attendance at the hearing to present your application. Very truly yours, FOR THE BOARD OF ADJUSTMENT /Z Jel Joa/ M. Burnsed Department of Community Development Encl. /jmb cc: Malcolm F. Jones Homes by Jones 5600 PGA Blvd., Suite 204 Palm Beach Gardens, FL 33418 Recycled Paper VILLAGE OF TEQUESTA DEPARTMENT OF COMMUNITY DEVELOPMENT Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (561) 575-6220 Fax: (561) 575-6239 July 2, 2001 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 Hearing at 7:30 P.M., Monday, July 16, 2001, in the Village Recreation Center, 399 Seabrook Road, Tequesta, Florida, to consider: An application from Harry & Martha Hersey, owners of the property located at 19223 Riverside Drive, Lots 14 & 15, Block 3, Riverside on the Loxahatchee Subdivision, requesting a variance to the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, Section X, Supplemental Regulations Applying to a Specific, to Several or to All Districts, Subsection (A), General Provisions, Paragraph (1)(c), Walls and Fences, to allow the construction of six (6) foot high driveway entrance columns with gates, and a five (5') high CBS privacy wall with six (6) foot high columns located approximately two (2) foot inside the front property line, in lieu of no wall or fence being permitted to extend forward of the building front on any lot or parcel, as required by the Zoning Ordinance. 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, For the Board of Adjustment Anne M. Burnsed 'Department of Community Development Jmb r�L VILLAGE OF TEQUESTA DEPARTMENT OF COMMUNITY DEVELOPMENT Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (561) 575-6220 Fax: (561) 575-6239 Fax Transmission No. of pages incl. this one: Two To: Courier Journal / Legal Advertisement Fax number: (561) 221-4126 From: Joanne M. Burns ` 2 Date: June 27, 2001 Subject: Legal Advertisement Please publish the following legal notice in the Jupiter Courier on the following date: Sunday, July 1, 2001 Please call if you have any problems with this transmission. Thank you. Department of Community Development Village of Tequesta (561) 575-6220 (FAX) 575-6224 Recycled raper VILLAGE OF TEQUESTA DEPARTMENT OF COMMUNITY DEVELOPMENT Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (561) 575-6220 Fax: (561) 575-6239 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 7:30 P.M., Monday, July 16, 2001, in the Village Recreation Center, 399 Seabrook Road, Tequesta, Florida, to consider: An application from Les Gelber, Stephen J. Macari for Broedell Inc. as agent, owner of the property located at 19020 Point Drive, Lot 11, Jupiter Manors/Block D Subdivision, requesting a variance to the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, Section X, Supplemental Regulations Applying to a Specific, to Several or to All Districts, Subsection (A), General Provisions, Paragraph (1)(c), Walls and Fences, to allow the construction of six (6') foot high driveway entry columns, walls, and gates located approximately six (6') feet inside the front property line, in lieu of no wall or fence being permitted to extend forward of the building front on any lot or parcel, as required by the Zoning Ordinance. 2. An application from Harry & Martha Hersey, owners of the property located at 19223 Riverside Drive, Lots 14 & 15, Block 3, Riverside on the Loxahatchee Subdivision, requesting a variance to the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, Section X, Supplemental Regulations Applying to a Specific, to Several or to All Districts, Subsection (A), General Provisions, Paragraph (1)(c), Walls and Fences, to allow the construction of six (6') foot high driveway entrance columns with gates, and a five (5') high CBS privacy wall with six (6') foot high columns located approximately two (2') foot inside the front property line, in lieu of no wall or fence being permitted to extend forward of the building front on any lot or parcel, as required by the Zoning Ordinance. At such time and place, the Board of Adjustment will hear all evidence in support of or in opposition to these applications. 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. Posted: . Publish: June 27, 2001 July 1, 2001 Village of Tequesta BOARD OF ADJUSTMENT DATE DIME FAX NO./NAME DURATION PAGECS} RESULT MODE TRANSMISSION VERIFICATION REPORT 06/27 14:55 915612214126 00:00:43 02 OK STANDARD ECM TIME 06/27/2001 14:56 NAME VILLAGE OF TEQUESTA FAX 561-575-6239 TEL 561-575-6220