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Home My WebLink AboutDocumentation_05/20/2002VILLAGE OF TEQUESTA DEPARTMENT OF COMMUNITY DEVELOPMENT Post Office Box 3273 250 Tequesta Drive • Suite 305 Tequesta, Florida 33469-0273 (561) 575-6220 • Fax: (561) 575-6224 MEMORANDUM TO: Members, Board of Adjustment John C. Randolph, Village Attorney FROM: Jeffery C. Newell, Clerk of the Boa DATE: May 6, 2002 SUBJECT: Board of Adjustment Public Hearing, May 20, 2002 Enclosed please find the agenda for the above referenced Public Hearing scheduled for Monday, May 20, 2002, beginning at 7:30 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 Jmb Recycled Paper Dr_ ^RTI \T Or CO-M-NEUI4li Y DEV -L OFNt1-N7, POST Office BoX 32/3 250 Tequ..sta Drive .a Suite, 3C5 i egg sesta, Florida 334`59-02773 561) 5-75-6,5220 a.^ -moi: (561)575-622/1 IA_ -E OF A -PLICA. ii :,L iNC DI D :FSS: - �/ &(�,v Gk — f SOV q 300.6D APR ,!CAT! -ON F0RVAKT-kNCE H ME_Ong° I �`L� �BUSINESS) G T /PA RCE •• ADI DRESS: [A —qa nnc OT: BLOCK. 'SUBDIVISION: -M Q" -t � 1 ROS E RTv CONTROL NUM3ER:.�� '-' _ '�i �. — � f�— :Q,� �— P� t — rel r�'> _ �1 � 'n J` TCATION OF VAPIACE-: PI E.A.SE ADDRESS THE S± i CRITEFi A OF'3 i� ZOIV�1C CODE SEC'±'ION M Z) tlj (b) 11-6 WHICH ARE ii-STED ON THE BACK PAGE OFH1S -APPLICATION. IF YOOE� VARLi AN , E IJEST IS l�ELr� T ED TO THE PUBLIC W-A_TERS OF THE STATE OF syO MI A, CO"UPRISING T tE- DXAF ATCH E RI'�R AND THE IN T KACOA.S T AL WA T _Rx VAY INCT -DING Ay CkEL'KS, CANALS OR RI3UT z�;-ES THEREWTT- , YOU .MUST ALSO A-QDR ,SS THE TEi�r �CRi'F r n i ,4 LISTED IN KS,TIHA. T TACH LD C>NI�iG CODE_ SECTION XVI(G) (2) �.-j.:-�I�Q1=�, Q:��_y (� QmA e,c &-� , 1 AlFF'LICANT SFALI, _moi TCLU!'�E TIRE FOLLOWING ITEMS _ 11Ilai1Se i� IOh?iiCAT � CREI17 SURV-Y OF PROPER i S�0vtNC AL STRiC,�tS SE71 : s�cL�w.t��S Tv SCALE OF PROPOSED L:rV2- QVE_�✓-ZN`,S. Wi'`il! 17—N?DOV a ,, r itOivs yPLOP>;R i �T OWLP it OT., , NT t ER D 0 C U -A' 71110 N ?ERS ENTEEI TO ,EI S Al-=, _ �L Ca , O COPIES OF ALL SUBMi :'at,S zS FO�yOWS: - ••- BOA_RD OF A -Dl uJS7l;V i�iT VA!ZL �u PCE FcEQ�J�S T - L t J V7`' aGE CvJ CL VZIR~�: ICE REQvpST- �3 ON , OF: �� STING, �,Mly -A1PLsCA_ 800.00 B) DUrLEX - $ 500.00 C) I L TLTIPLE .- -' + L• Lei - $ 750.00 D) COMHEERCLar — $! , C00.00 'C_A! SIG'A.7- u�: _ �s� n few, / r `-� - ate►- �- U (:E) Powers and A t es.;of the Bend of Adjustment and the Wilage Council. (1) The .board :of adivstment and the village .council shall have the following powers in regard to appeals and v.aes -within 1 their jurisdiction as defined under -subsection (A) of this - ordi- mote: (a) 3b hear and decide appeals where it isalleged there is error in any or -.der, requirement, decision or determination made by .an administrative :ofci-ai. in the enforcement of this section or of any ordinance adoptedpursvupat thereto. (b) -fib authorize upAn .appeal in specific cases such variance from the :terms of the ordinance 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 Iimited by and contingent upon a findin.9-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='- the same zoning. district; 2. That the special eonditious 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 that is denied by this ordinance to other lands, buildings or structures in the same zoning district; -4. That literal interpretation of theprovisiond of the ordinance would deprive the .applicant of rights com-" n►6ia-ly enjoyed by oth6r-properties iia tt a same zoning owoict 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 that 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. Application for Variance Mr. & Mrs. Phil Cary 129 Point Circle Tequesta, FL 33469 1. The special condition is that this lot was subdivided by the Village ordnance which has 100 foot width building line setback. The lot is 205 feet deep to the waters edge leaving only 80 feet of property that is buildable and125 feet of the front yard not buildable. With the way the house will sit on the property we would still be conforming to the town codes and set backs. 2. The circumstance was the subdivision of the lot and the unknown interpretation of the ordinances requiring the establishment of the 100 foot width line for purposes of determining the location of the front yard set back. 3. We will be conforming to all Tequesta codes and setbacks. 4. The literal interpretation will impose upon this property and front yard set back that is roughly 5 times that which is commonly in place on and near properties in the same zoning district. 5. Applicant has withdrawn an original variance request recognizing that the scope of construction could be reduced. This represents the minimum variance that would enable a home to be reasonably located on the property that will be of the size and quality now commonly constructed on large waterfront lots in the Village of Tequesta. 6. The purpose of the ordinance is to establish a front yard set back that is a reasonable distance from the road and creates a compatible look and feel within the neighborhood. This set back request is fully compatible with the neighborhood and surrounding properties and is therefore in no way injurious to the area. The set back is greater than that required and if anything provides greater access for emergency vehicles in our immediate neighborhood which may enhance the welfare of the public but is in no way detrimental. AMW Minimum Land- scaped Open Space 30% 30% 30% r *For properties fronting Country Club Dove, the front yard setback shall be measured from the roadway side of the 15' wide special easements. In no event shall the building or structure be less than 25' from the edge of the roadway pavement of Country Club Drive, **For properties that are corner lots, where a side yard fronts Country Club Drive, the corner side yard setback shall be measured from the roadway side .of the 15' side special easements. In no event when the building or structure be lees than 25' from the edge of the roadway pavement of Country Club Drive. Supp. No. 26 1119 SCMEDULE dF SITE REQUIREMENTS . Minimum Setbacks Minimum Maximum Minimum Lot Maximum. Minimum District Lot Size R.1A Lot Width Caue rage Front Yard Side Yard Rear. Yard Building Height Living Area Requirements 12,000 sq, ft. 100. ft. 37% *25 ft. 10 ft. for main 20 ft...fdr main 2 stories/30 ft. 1,600 sq. ft. building and as building or strut• main building or cessory building tare' structure **20 ft. for any 10 ft. Por any ac- 1 story/15 ft. for corner lot cessory building any accessory or structure building or struc- ture R-1 8,000 sq, it 75 ft. 37% *25 ft. 7V2 ft, for main 20 ft. for main 2 stories/30 ft 1,200 sq. ft. building and ac- • building or strut-' main building or cessory building cure structure **20 ft, for any 101 for any ac- 1 story/15 ft. for corner lot. cessory building any accessory ar structure building or struc- ture R-2 8,000 eq, ft, for a single-family g-amily 86 iL 37% 25 ft. 7V2 ft. for main 20 ft. for main , 2 stories/30 ft. 1,100 aq, ft for q. f t, f dwelling building and ac• building or strut- main building or first 2 s. cessory building tore structure . plus 225 sq, ft. 10,000 sq. ft. for a 2 -family dwell- 20 20 � cor- 10 ft. for any at- 1 story/15 ft. for for each addi- tional bdrm. ing lot cessory building any accessory or structure building or struc- 10,000 sq. A. for tue first 2 multifann- fly dwelling unite plus 3,358.sq. ft. for each addi- tional•dwelling unit not to oz. coed a maximum density of 12 dwelling units per gross acre ' Minimum Land- scaped Open Space 30% 30% 30% r *For properties fronting Country Club Dove, the front yard setback shall be measured from the roadway side of the 15' wide special easements. In no event shall the building or structure be less than 25' from the edge of the roadway pavement of Country Club Drive, **For properties that are corner lots, where a side yard fronts Country Club Drive, the corner side yard setback shall be measured from the roadway side .of the 15' side special easements. In no event when the building or structure be lees than 25' from the edge of the roadway pavement of Country Club Drive. Supp. No. 26 1119 Sec. IV APPENDIX A—ZONING sec. IV (46) Building, height of. The vertical distance from grade to the highest finished roof surface; exclusive of cooling towers, elevator rooms, stair towers, mechanical equipment rooms, parapets and approved antennas, in the case of flat roofs, or to a point at the average height of roofs having a pitch of more than one (1) foot in twelve (12) feet. Basements shall be considered as part of the overall building height. Mft"O�- (47) Building line. A line on a lot, generally, but not neces- sarily, parallel to a lot line or road right-of-way line, lo - tatted a sufficient distance therefrom to provide the min- imum 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. (48) Building nonconforming. A legally existing building which fails to comply with the regulations (for height, number of stories, size, area, yards, location, and use) set forth in this chapter applicable to the district in whichsuch building is located. (49) Building offici'carr That -person who is appoitited by the village manager and is charged with the 69ponsibility of enforcing and administering the various land and building regulations of the Village of Tequesta. (54) Building permit The document or certificate issued by the village building official which verifies adherence to all applicable development regulations and gives permission to the permit applicant to proceed with the actions for which the permit was requested. . . (51) Building, principal A building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located. (52) Building. site- A portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use, and the customary accessories and open spaces be- longing to the same. (53) Building support structure Any structure which supports floor, wall or column loads, and transmits them to the foundation. The term shall include beams, grade beams, or joists, and includes the lowest horizontal structural mem- ber exclusive of piles, columns, or footings. (54) Bulk. The term used to describe the size of buildings or other structures, "and their relationships to each other and to open areas and lot lines. VILLAGE OF TEQUESTA DEPARTMENT OF COMMUNITY DEVELOPMENT Post Office Box 3273 250 Tequesta Drive • Suite 305 Tequesta, Florida 33469-0273 (561) 575-6220 • Fax: (561) 575-6224 May 6, 2002 Mr. & Mrs. Philip Cary 421 Avila Road San Mateo, CA 94402 Subject: Request for Variance 129 Point Circle, Tequesta, FL Dear Mr. & Mrs. Cary: Enclosed is a copy of the Notice of Board of Adjustment Public Hearing to be held at 7:30 P.M., Monday, May 20, 2002, in the Village Recreation Center, 399 Seabrook Road, Tequesta, Florida, to act upon your application for a variance to the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta. Receipt of check No. 1504 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, OARD OF ADJUSTMENT y C. vewell of thb Board Encl. Jmb cc: Neandross Estate Homes Inc. 1516 Cypress Dr. Suite 2 Jupiter, FL 33469 Recycled Paper VILLAGE OF TEQUESTA DEPARTMENT OF COMMUNI lY DEVELOPMENT Post Office Box 3273 250 Tequesta Drive • Suite 305 Tequesta, Florida. 33469-0273 (561) 575-6220 • Fax: (561) 575-6224 May 6, 2002 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 7:30 P.M., Monday, May 20, 2002, in the Village Recreation Center, 399 Seabrook Road, Tequesta, Florida, to consider: An application from Mr. & Mrs. Philip Cary, owners of the property located 129 Point Circle, Lot 35.2, Tequesta Subdivision, 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 -IA District, Front Yard Setback, to allow for the construction of a detached three car garage 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. 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, r the oard of Adjustment ecry C. Newell erk of; e Board Jmb Recycled Paper VILLAGE OF TEQUESTA DEPARTMENT OF COMMUNITY DEVELOPMENT Post Office Box 3273 250 Tequesta Drive • Suite 305 Tequesta, Florida 33469-0273 (561) 575-6220 • Fax: (561) 575-6224 Fax Transmission No. of pages: Cover + 1 To: Mary - Courier Journal / Legal Advertisement Fax number: (561) 221-4126 From: Joanne M. Burnsed Date: May 2, 2002 Subject: Legal Advertisement Please publish the following legal notice in the Jupiter Courier on the following date: Sunday, May 5, 2002 Please call if you have any problems with this transmission. Thank y Department of Community Development Village of Tequesta (561) 575-6220 (FAX) 575-6224 Receded Paper VILLAGE OF TEQUESTA DEPARTMENT OF COMM[ Nr Y DEVELOPMENT Post Office Box 3273 250 Tequesta Drive • Suite 305 Tequesta, Florida. 33469-0273 (561) 575-6220 • Fax: (561) 575-6224 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, May 20, 2002, in the Village Recreation Center, 399 Seabrook Road, Tequesta, Florida, to consider: 1. An application from Mr. & Mrs. Philip Cary, owners of the property located 129 Point Circle, Lot 35.2, Tequesta Subdivision, 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 detached three car garage 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. 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 YOURSELVES ACCORDINGLY. Posted: May 2, 2002 Publish: May 5, 2002 Village of OF ADJUSTMENT C., By: n Nee Board Recycled Paper TRANSMISSION VERIFICATION REPORT TIME 05/02/2002 12:39 NAME VILLAGE OF TEQUESTA FAX 561-575-6239 TEL 561-575-6220 DATE DIME 05/02 12:39 FAX NO./NAME 915612214126 DURATION 00:00:41 PAGE{S} 02 RESULT OK MODE STANDARD ECM SCRIPPS TREASURE COAST PUBLISHING COMPANY The Jupiter Courier "pPS HO�'� P.O. Box 1486, Jupiter, FL 33468 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared, S. Darlene Mailing, who on oath says that she is Classified Inside Sales Manager of the Jupiter Courier, a bi-weekly newspaper published at Jupiter in Palm Beach County; that the attached copy of advertisement was published in the Jupiter Courier in the following issues below. Affiant further says that the said Jupiter Courier is a newspaper published at Jupiter in said Palm Beach County, Florida and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida bi-weekly and distributed in Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Jupiter Courier has been entered as second class matter at the Post Office in Jupiter, Palm Beach County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad # Customer Name Pub Date Copyline PO # 2421005 VILLAGE OF TEQUESTA/Le 05/05/2002 Subscribed and sworn to me before this date: /06/2002 ` '�_ UWT. BYRNE I >: NoTay Pub0c - State of Rol Bc -My Commission El pines Aug Z 2001= Commission # CC763865 MAY 20 BOA/CAREY 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, May 20, 2002, in the Village Recreation Center, 399 Seabrook Road, Tequesta, Florida, to consider. 1. An application from Mr. and Mrs. Philip Cary, own- ers of the property located 129 Point Circle, Lot 35.2, Tequesta Subdivision, requesting a variance to the terms of the Official Comprehensive Zoning Ordinance of the VINage of Tequesta, Ordinance No. 355, as -amended, Section VII. Schedule of Regula- tions and Application. of Regulations, Subsection (C); Schedule of Site Require- ments, R -IA District, Front Yard Setback, to allow for the construction of a detached three car garage located forward of the Building Line which estab- lishes the required lot width of 100' (feet), and as defined In Section IV. Defi- nitions, (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 suffi- cient distance there from to provide the minimum yards required by the zoning. code. The building line delimits the aret�-, t"which buildings are permitted subject to all applicable provisions of the zoning code. At such time and ploce,-the Board of Adjustment will hear all evidence In sup- port 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 con- sidered at the Public Hear - Ing, he.wlll need a record of the proceedings, and for such purpose he may need, to ensure that a ver4tim' record of the proceed hgs Is made, which record Includes the testimony upon which the appeal Is to be based. PLEASE GOVERN YOUR- SELVES ACCORDINGLY. Village of Tequesta BOARD OF ADJUSTMENT By: Jeffrey C. Newell Clerk of the Board Pub.: May 5, 2002 2421005 VILLAGE OF TEQUESTA DEPARTMENT OF COMMUNITY DEVELOPMENT Post Office Box 3273 250 Tequesta Drive • Suite 305 Tequesta, Florida 33469-0273 (561) 575-6220 • Fax: (561) 575-6224 May 22, 2002 Mr. & Mrs. Philip Cary 421 Avila Road San Mateo, CA 9402-2821 Subject: Request for Variance 129 Point Circle Dear Mr. & Mrs. Cary: This letter is to confirm the action of the Village of Tequesta Board of Adjustment at their May 20, 2002, Public Hearing deferring action on your application for variance until June 17, 2002. The Board has requested that you provide revised drawings showing the minimum variance you are requesting, which will need to be submitted to this office no later than Monday, June 3, 2002. The June 17, 2002, Public Hearing will be held at 7:30 P.M. in the Village Recreation Center, 399 Seabrook Road, Tequesta, Florida. If you have any questions regarding this matter, please feel free to contact me. Very truly yours, iE OF TEQUESTA OF ADJUSTMENT ef", '. Lze- Newell the Board /jmb cc: John C. Randolph, Village Attorney Neandross Estate Homes Inc. 1516 Cypress Dr., Suite 2 Jupiter, FL 33469 Recycled Paper