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HomeMy WebLinkAboutDocumentation_BoA_10/15/2001JUSTIFICATION FOR GRANTING OF VARIANCE (NEWSOME) A. Factual Situation The subject 1200 square foot house consists of two bedrooms, one bathroom, a living/family room, a kitchen, a one car garage, accessible directly from the street at the North end of the house, and a walled in rear porch. It was built over 30 years ago by the immediate past owner, and the Petitioner is the second owner of the house. The house is located at the corner of Mars Avenue and Pine View, and abuts the city limits of Jupiter to the South. Homes to the North, East and West are in the Village of Tequesta. The Petitioner seeks to add a master bathroom that will extend east six (6) feet from the front of the house, facing Mars Avenue. Because of front yard setbacks, a variance of one (1) foot nine (8) inches is necessary if Petitioner is to add a master bathroom to the house. B. Factors supporting a finding by the Board of Adjustment and the Village Council that granting of the variance is within their power. 1. The subject house was built by the original owner on a corner lot in such a manner as to be within one (1) foot of the side yard setback line to the South (towards Jupiter), on the setback line to -the North, with the front of the living portion of the house set back approximately four (4) feet three (3) inches from the set back line on Mars Avenue. The master bedroom is at the Southeast corner of the house, facing Mars Avenue. The second bedroom is the next room proceeding West, followed by the only bathroom, which is approximately ten (10) feet from the entrance to the master bedroom. For health reasons, as well as being practical, the only possible location of a master bathroom would be to the South or to the East of the house. To the best of my knowledge, no other house in this zoning district has only one bathroom and two bedrooms. 2. The present status of the house and the need for a master bedroom do not result from actions of the Petitioner, as the current status has existed for over30 years. 3. If the variance is granted, there will not be a special privilege given to the Petitioner. All other homes in the neighborhood and zoning district already have at least two bathrooms. 4. An unnecessary and undue hardship will be imposed on the Petitioner by the literal interpretation of the setback line restrictions. While there is room to add a second bathroom to the rear of the house, it would be almost thirty (30) feet from the master bedroom, and would require going through the living room, kitchen and rear porch in order to reach the bathroom. As a diabetic, the Petitioner has the need of a bathroom next to his bedroom, for emergency medical treatment, which is not presently possible if there is anyone else in the house or using the only bathroom. The existence to two bathrooms is common to all other properties in the same zoning district. 5. The variance requested is the minimum necessary. To build on the South side of the master bedroom, towards Jupiter would require a five (5) foot variance, while to build on the East side, facing Mars Avenue, would require only a one (1) foot nine (8) inch variance. 6. The addition of a second bathroom to a two bedroom house would be in harmony with the homes in the neighborhood and the zoning district, and will not be injurious to the public welfare or the area of the Village of Tequesta involved. ROBERT P. & JANE McCULLOCH 5540 NORTH OCEAN DRIVE, APT. 7B SINGER ISLAND, FLORIDA 33404 October 3, 2001 Village of Tequesta Department of Community Development P.O.Box 3273 250 Tequesta Drive / suite 395 Tequesta, Florida 33469 — 0273 Attention: Tequesta Board of Adjustment Attention : Jeffery C. Newell Clerk of the Board Gentlemen: For reference regarding the subject matter of this letter, I have attached a notice of Public Hearing to be held Monday, October 15, 2001 at 7:30 P.M. to consider an application from Jack Newsome of 351 Mars Avenue, Tequesta, Florida for a variance to the terms of the Official Comprehensive Zoning Ordinance for the Village of Tequesta. My wife and I are owners of two properties directly across the street from Mr. Newsome's property at 351 Mars Avenue, Tequesta. They are 350 Mars Avenue and 352 Mars Avenue, Tequesta. These are not rental houses but homes occupied by our son, daughter and ourselves. We have recently spent a lot of money improving our property and are very sensitive to changes in our neighborhood. This variance for 351 Mars Avenue, Tequesta, if granted by the Board of Adjustment, would have little, if any, negative impact on the properties in the area. Quite the contrary, Mr. Newsome's addition to his residence will increase values in the area and would be a positive decision for the community. We ask that you vote in favor of the application as submitted. truly, yo , Robert P. McCulloch ane R. McCulloch VARIANCE JUSTIFICATION STATEMENT GELBER RESIDENCE/19020 POINT DRIVE, TEOUESTA, FLA. This application is for the approval of a variance from the requirements of Village of Tequesta Comprehensive Zoning Ordinance to permit the property owner to have four (4) columns constructed with two (2) small, but well camouflaged, connecting radius walls to decorative aluminum gates. As can be seen from the attached drawing, a significant majority of the front and side barrier across the width of the subject property constitutes a live ficus hedge and not a stucco wall. The property in question is almost an acre in size, is zoned to allow a single family residence, and is located on Point Drive. The property is developed with a large single family residence, a swimming pool and a dock that extends out into the Loxahatchee River. The reason that the Variance is being requested is essential to enable the applicants to achieve their right to privacy, security and the quiet enjoyment of their property. The applicants have made a very large investment in their home, and take pride in keeping it in a very attractive condition not only to preserve its value, but to facilitate their privacy, security and enjoyment. Without the approval of this Variance, their ability to achieve these property rights would be severely compromised. Approval of the Variance requested will not in any way negatively impact surrounding property owners. The applicants believe that the approval criteria for variances established in Section XIII(E)(1)(b) of the Zoning Code have clearly been met for this request as follows: 1. Special conditions and circumstances exist which are peculiar to the subject property and which are not applicable to other lands in the same zoning district. The applicants' property is 353 + feet deep, which is approximately, on an average, 200 feet deeper than a majority of the platted lots in Tequesta. The applicants' residence is set far back from the front set back in order to maximize the view and enjoyment of the Loxahatchee River. The proposed improvement, for obvious reasons, needs to be constructed and located close to the street side (i.e., front property line). 2. That the special conditions and circumstances do not result from the action of the applicants. The need for the variance is based upon lot depth and the proposed improvements need to be located near the front property line. 3. That granting the variance will not confer on the applicants any special privilege on the property that is denial by the Code to other lands in the same category. The granting of a variance of this nature has been allowed numerous times in the past in Tequesta, and in particular, one (1) other home on Point Drive. In fact, a more liberal variance was just recently granted by the Board on July 16, 2001 on property located on Riverside Drive wherein said Board approved a stucco wall and gate located along the front of the property. 4. That literal interpretation of the provisions of the ordinance would deprive the applicants of rights enjoyed by other property owners in Tequesta. Please see answer three (3) above. i 5. That the variance granted is the minimum variance that will make possible the reasonable use of the land. The requested variance is extremely minor, considering that the applicant already has a permit for construction of a stucco wall, connected to the residence, totally surrounding and encapsulating the subject estate. The Code allows this proposed improvement (courtyard effect) that when constructed will be far more monolithic and obtrusive to the environment and the neighbors. Due to the above, the applicants firmly believe that the subject variance is a reasonable, harmonious solution to their hardship not of their making. 6. That the granting 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 neighborhood or public welfare. The proposed variance is minor in nature, and will not create any detrimental impact. In fact, in light of the above permitted courtyard effect, the applicants believe that their variance will provide a substantial benefit to the subject property and to their neighbors. T Department of Community Development Village of Tequesta 250 Tequesta Drive, Suite 305 Tequesta, FL 33469 RE: Gelber residence 19020 Point Drive Gentlemen: Please be advised that the undersigned property owners have no objection to the Gelbers' request to allow construction of four driveway entry eoluums and two radius walls to a gate at their subject residence. Thank you. Very truly yours, Department of Community Development Village of 'Tequesta 250 Tequesta Drive, Suite 305 Tequesta, FL 33469 Rk,: Gelber residence 19020 Point Drive Gentlemen: Please be advised that the undersigned property owners have no objection to the Gelbers' request to allow construction of four driveway entry columns and two radius walls to a gate at their subject residence. Thank you. Very truly yours, Department of Community Development Village of Tequesta 250 Tequesta Drive, Suite 305 Tequesta, FL 33469 RE: Gelber residence 19020 Point Drive Gentlemen: Please be advised that the undersigned property owners have no objection to the Gelbers' request to allow construction of four driveway entry columns and two radius wa11s to a gate at their subject residence. Thank you. Very truly yours, Department of Community Development Village of Tequesta 250 Tequesta Drive, Suite 305 Tequesta, FL 33469 RE: Gelber residence 19020 Point Drive Gentlemen: Please be advised that the undersigned property owners have no objection to the Gelbers' request to allow construction of four driveway entry columns and two radius walls to a gate at their subject residence. Thank you. Very truly yours, f Department of Community Development Village of Tequesta 250 Tequesta Drive, Suite 305 Tequesta, FL 33469 RE: Gelber residence 19020 Point Drive Gentlemen: Please be advised that the undersigned property owners have no objection to the Gelbers' request to allow construction of four driveway entry columns and two radius walls to a gate at their subject residence. Thank you. Very truly yours, 1 /8978 /?040" .;rr .1%k,. Dep= hent of Community Development Village of Tequesta 250 Tequesta Drive, Suite 305 Tequesta, FL 33469 RIE: Gelber residence 19020 Point Drive Gentlemen. Please be advised that the undersigned property owners have no objection to the Gelbers' request to allow construction of four driveway entry columns and two radius walls to a bate at their subject residence. Thank you. Very truly yours, waw 'R Department of Community Development Village of Tequesta 250 Tequesta Drive, Suite 305 Tequesta, FL 33469 Rk._ Gelber residence 19020 Point Drive Gentlemen: Please be advised that the undersigned property owners have no objection to the Gelbers' request to allow construction of four driveway entry columns and two radius walls to a gate at their subject residence. Thank you. Very truly yours, N-'�-76 �-4/� V Department of Community Development Village of "I equesta 250 Tequesta Drive, Suite 305 Tequesta, FL 33469 RE_ Gelber residence 19020 Point Drive Gentlemen; Please be advised that the undersigned property owners have no objection to the Gelbers' request to allow construction of four driveway entry columns and two radius walls to a gate at their subject residence. Thank you. Very truly yours, No Text Department of Community Development Village of'requesta 250 Tequesta Drive, Suite 305 Tequesta, FL 33469 RE: Gelber residence 19020 Point Drive Gentlemen: Please be advised that the undersigned property owners have no objection to the Gelbers' request to allow construction of four driveway entry columns and two radius walls to a gate at their subject residence. Thank you. Very truly yours, Department of Community Development Village of Tequesta 250 Tequesta Drive, Suite 305 Tequesta, FL 33469 R)r: Gelber residence 19020 Point Drive Gentlemen: Please be advised that the undersigned property owners have no objection to the Gelbers' request to allow construction of four driveway entry columns az-id two radius walls to a -ate at their Subject residence. Thank you. Very truly yours, Department of Community Development Village of requesta 250 Tequesta Drive, Suite 305 Tequesta, FL 33459 R& Gelber residence 19020 Point Drive Gentlemen: Please be advised that the undersigned property owners have no objection to the Gelbers' request to allow construction of four driveway entry columns and two radius walls to a gate at their subject residence. Thank you. Very truly yours, (j. v Z> l 1 VILLAGE OF TEQUESTA DEPARTMENT OF COMMUNTIY DEVELOPMENT Post Office Box 3273 250 Tequesta Drive • Suite 305 Tequesta, Florida. 33469-0273 (561) 575-6220 - Fax: (561) 575-6224 October 16, 2001 Leslie J. Gelber Marguerite M. Gelber C/o James H. Ryan, Esq. 701 U.S. Hwy. One, Suite 402 North Palm Beach, FL 33408 Subject: Request for Variance Gelber Residence, 19020 Point Drive, Tequesta Dear Mr. Ryan: This letter is to confirm the action of the Village of Tequesta Board of Adjustment at their October 15, 2001, Public Hearing approving, as submitted, your application for variance at the above subject property to allow the construction of four driveway entry columns with two radius walls to a decorative aluminum gate, located approximately twenty-five (25) 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. . 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. 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, VILI�E OF TEQUESTA 50ARD]OF ADJUSTMENT C. A I1 .,UQQ�I a� ^ y C. Newell oft e Board Attch. /jmb cc: John C. Randolph, Village Attorney Recycled Paper VILLAGE OF TEQUESTA DEPARTN0'4r OF COMMUNH Y DEVELOPMENT Post Office Box 3273 250 Tequesta Drive • Suite 305 Tequesta, Florida 33469-0273 (561) 575-6220 • Fax: (561) 575-6224 October 16, 2001 Mr. Jack Newsome 351 Mars Avenue Tequesta, FL 33469 Subject: Request for Variance Dear Mr. Newsome: This letter is to confirm the action of the Village of Tequesta Board of Adjustment at their October 15, 2001, Public Hearing approving your application for variance as submitted to allow the construction of an addition with a front yard setback of 23.3' (feet) in lieu of 25' (feet) front yard setback, as required by the Code. 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. 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, 7�thBTEQUESTA oard D USTMENT ell Jmb cc: John C. Randolph, Village Attorney Recycled Pape' VILLAGE OF TEQUESTA DEPARTMENT OF COAMJNnY 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 rtr FROM: Joanne M. Burnsed, Administrative Aid4` Department of Community Development DATE: September 27, 2001 SUBJECT: Board of Adjustment Public Hearing, October 15, 2001 Enclosed please find the agenda for the above referenced Public Hearing scheduled for Monday, October 15, 2001, beginning at 7:30 P.M. in the Village Recreation Center, 399 Seabrook Road, Tequesta. With the resignation of Kevin Kinnebrew, this Board is once again short one member; therefore, it would be appreciated if you would make every effort to attend this meeting. Thank you. Encl. cc: Alternate Members, Board of Adjustment Jeffery Newell, Director of Community Development Michael Couzzo, Village Manager Jjmb 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 NAME OF APPLICANT: JACK NEWSOME MAILING ADDRESS: . 351 MARS &VJ�-. TEQUESTA FLA. PHONE NUMBER: (HOME) 561-741-3860 (BUSINESS) �'�?33y i7� b APPLICATION FOR VARIANCE 33469 NONE LOT/PARCEL ADDRESS: 351 MARS AVE. TEQUESTA FLA. 33469 LOT. 12 BLOCK: 33 SUBDIVISION: JUPITER IN THE PINES SECTION D PROPERTY CONTROL NUMBER. NATURE OF VARIANCE: REQUEST FOR 1 FOOT AND INCHES VARIANCE OF THE MINIMUM` SETBACK AT THE FRONT OF THE HOUSE TO ADD ON A SECOND BATHROOM AJOINING THE MASTER BEDROOM WHICH IS LOCATED ON THE FRONT. ISTIFICATION OF VARIANCE: PLEASE ADDRESS THE SIX CRITERIA OF THE ZONING CODE SECTION XIII ,J)(ON 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.: PLEASE SEE THE ATTACHED PAGES RELATING TO THE ABOVE CRITERIA. 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. B) DUPLEX — $ 500.00 C) MULTIPLE FAMILY — $ 750.00 D) COMMERCIAL — $1,000.00 APPLICANT SIGNATURE: DATE: 813%01 (E) Powers and f%sties.of the Booof Adjustment and tate l�llage Council. (1) The board :of a4justrrkent and the village .council shall have the following powers in regard to -appeals and varices within their jUna ..anon as de ed under aubseetion (A) of this -' L noince: (a) Ib hear and decide appals where it is alleged there is error in any order, re Wilemmt, decision or :determination made by .an administrative ;official. in the enforcement of this section or of any or3dina4pe adopted pursuant thereto. (b) -Tb authorize upon .appeal in specific cases such variance from the :terms of the ordinance :as will not :lie 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 not applicable to other lands, structures or :buildings in 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 that is denied'by this ordinance to other lands, buildings or structures in the- same district; 4. That literal interpretation of the :, proWione of the ordulnnce would deprive the :applican i f rights com-' moniy `enjoyed by other properties is the same zoning V- under file xertris _of the ordinaiuce and would irork uzinecessary� and undue hardship en the appli- 5.Tlt the __ys►riance granted is the minimi 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. JUSTIFICATION FOR GRANTING OF VARIANCE A. Factual Situation The subject 1200 square foot house consists of two bedrooms, one bathroom, a living/family room, a kitchen, a one car garage, accessible directly from the street at the North end of the house, and a walled in rear porch. It was built over 30 years ago by the immediate past owner, and the Petitioner is the second owner of the house. The house is located at the corner of Mars Avenue and Pine View, and abuts the city limits of Jupiter to the South. Homes to the North, East and West are in the Village of Tequesta. The Petitioner seeks to add a master bathroom that will extend east six (6) feet from the front of the house, facing Mars Avenue. Because of front yard setbacks, a variance of one (1) foot nine (8) inches is necessary if Petitioner is to add a master bathroom to the house. B. Factors supporting a finding by the Board of Adjustment and the Village Council that granting of the variance is within their power. 1. The subject house was built by the original owner on a corner lot in such a manner as to be within one (1) foot of the side yard setback line to the South (towards Jupiter), on the setback line to -the North, with the front of the living portion of the house set back approximately four (4) feet three (3) inches from the set back line on Mars Avenue. The master bedroom is at the Southeast corner of the house, facing Mars Avenue. The second bedroom is the next room proceeding West, followed by the only bathroom, which is approximately ten (10) feet from the entrance to the master bedroom. For health reasons, as well as being practical, the only possible location of a master bathroom would be to the South or to the East of the house. To the best of my knowledge, no other house in this zoning district has only one bathroom and two bedrooms. 2. The present status of the house and the need for a master bedroom do not result from actions of the Petitioner, as the current status has existed for over3O years. 3. If the variance is granted, there will not be a special privilege given to the Petitioner. All other homes in the neighborhood and zoning district already have at least two bathrooms. 4. An unnecessary and undue hardship will be imposed on the Petitioner by the literal interpretation of the setback line restrictions. While there is room to add a second bathroom to the rear of the house, it would be almost thirty (30) feet from the master bedroom, and would require going through the living room, kitchen and rear porch in order to reach the bathroom. As a diabetic, the Petitioner has the need of a bathroom next to his bedroom, for emergency medical treatment, which is not presently possible if there is anyone else in the. house or using the only bathroom. The existence to two bathrooms is common to all other properties in the same zoning district. 5. The variance requested is the minimum necessary. To build on the South side of the master bedroom, towards Jupiter would require a five (5) foot variance, while to build on the East side, facing Mars Avenue, would require only a one (1) foot nine (�) inch variance. 6. The addition of a second bathroom to a two bedroom house would be in harmony with the homes in the neighborhood and the zoning district, and will not be injurious to the public welfare or the area of the Village of Tequesta involved. Maximum Minimum Minimum Lot District Lot Size Lot Width Coverage R -1A 12,000 sq. ft. 100. ft. 37% R-1 8,000 sq. ft. 75 ft. 37% R-2 8,000 sq. ft. for a 80 ft. single-family dwelling 10,000 sq. ft. for a 2 -family dwell- ing 10,000 sq. ft. for first 2 multifam- ily dwelling units plus 3,356 sq. ft. for each addi- tional dwelling unit not to ex- ceed a maximum density of 12 dwelling units per gross acre ' 37% SCHEDULE OF SITE REQUIREMENTS . Minimum Setbacks Maximum Minimum Building Living Area Front Yard Side Yard Rear Yard Height Requirements *25 ft. 10 ft. for main 20 ft. fdr main 2 stories/30 ft. 1,600 sq. ft. building and ac- building or struc- main building or cessory building ture structure **20 ft. for any 10 ft. for any ac- 1 story/15 ft. for corner lot cessory building any accessory or structure building or struc- ture *25 ft. 7V2 ft. for main 20 ft. for main 2 stories/30 ft. 1,200 sq. ft. — building and ac- building or struc-' main building or `–� cessory building Lure structure **20 ft. for any 10 ft. for any ac- 1 story/15 ft. for comer lot. cessory building any accessory or structure building or struc- ture 25 ft. 7i/2 ft. for main 20 ft. for main . 2 stories/30 ft. 1,100 sq. ft. for building and ac- building or struc- main building or first 2 bdrms. cessory building ture structure plus 225 sq. ft. for each addi- 20 ft. for any cor- 10 ft. for any ac- 1 story/15 ft. for tional bdrm. ner lot cessory building any accessory or structure building or struc- ture Minimum Land- scaped Open Space 30% 30% 30% *For properties fronting Country Club Drive, 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 comer lots, where a side yard fronts Country Club Drive, the comer side yard setback shall be measured from the roadway side of the 15' side 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. Supp. No. 26 1119 FOUND IRON PI LOT 13 I 12' UTILTIY FOUND IRON EASEMENT ROD & CAP L — '3938" \ S89'42'24"W 100.00' �---- 4- a 17 1 LuO LOT 11 PZ -� w ( • Nw (--4j SET IRON 6' ROD & CAP 16 3938' \ i WOOD 1 w POWER POLE Lo 6' WOOD FENCE N 89'24' 34" E 9N ACJ I 0 PROPOSED ADDITION N TO MATCH EXISTING I FINISHED FLOOR 75.13' 96 a.k.a. PINEV�EW ROAD nIVIqI(1N STRFFT(PLAT NOTE: CITY WATER AND SANITARY IIEY COMPLES MATH CHAFMR 01017-6. FLORIDA ADMNISM710141 COE. OF TM PUaJC tE MR IS HAS MEN MADE BY MS OFFICE. IS HOT VA M LRILESS EMBOSSED VEIN SAVYE OR9 SEAL E95iONs TANS PFECOMM OVER SCALED DgOMONS OP'f10M SUPPLED 9Y CLENT. sw IEAFD! EnMN HOM 0=013 AND PROPERTY NO. ..o BE: USED FOR ANY CONSTRUCTION PURPOSES ROBERT J. DEARLOVE 0004MEN7% F ANY ARE AS SCM PROFESSIONAL SURVEYOR AND MAPPER HE7iEM BASED ON ASSUMED CERTIFICATE NO. 3938 REON HASM pJ PUT STATE OF FLORIDA M DRIVEWAY `7 SIDEWALK 3�! Z�. 25 �tK IRON 20' ASPHALT LEGENC � = CENTERLI O.H.E. = OVERHEA 0 = CONCRET Dearlove & Ass( LAND SURVEYOR 450 S. OLD DIXIE HWY JUPITER, FLORIDA 334` 561-746-8745 FAX 561-746-9632 � ; VILLAGE OF TEQUESTA DEPARTMENT OF CONMUNITY DEVELOPMENT Post Office Box 3273 250 Tequesta Drive • Suite 305 Tequesta, Florida 33469-0273 (561) 575-6220 • Fax: (561) 575-6224 oog � �3 APPLICATION FOR VARIANCE NAME OF APPLICANT: Leslie J. Gelber and Marguerite M. Gelber c/o James H. Ryan, Esq. MAILING ADDRESS: 701 U.S. Highway One, Suite 402, N. Palm Beach, Fla. 33408 PHONE NUMBER: (HOME) (BUSINESS) 844-3700 LOT/PARCELADDRESS: 19020 Point Dr., Tequesta, Fla 33469 LOT. 11 BLOCK: D SUBDIVISION: Jupiter Manors Section One PROPERTY CONTROL NUMBER: 60-42-40-25-00-006-0011 NATURE OF VARIANCE: Permit property owner to have four (4) columns constructed with two (2) radius walls to a decorative aluminium gates Ti TSTIFICATION OF VARIANCE: PLEASE ADDRESS THE SIX CRITERIA OF THE ZONING CODE SECTION XIII (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- 23 6. APPLICATION FEE OF: A) SINGLE FAMILY - $ 300.00 B) DUPLEX - $ 500.00 C) MULTIPLE FAMILY - $ 750.00 D) COMMERCIAL - $1,000.00 APPLICANT SIGNATURE: 1/ 1/ DATE: d,1 , 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- :..dards of the American Association of State- Highway and Transportation Officials (AASH TO),, 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 VARIANCE JUSTIFICATION STATEMENT GELBER RESIDENCE/19020 POINT DRIVE, TEOUESTA, FLA. This application is for the approval of a variance from the requirements of Village of Tequesta Comprehensive Zoning Ordinance to permit the property owner to have four (4) columns constructed with two (2) small, but well camouflaged, connecting radius walls to decorative aluminum gates. As can be seen from the attached drawing, a significant majority of the front and side barrier across the width of the subject property constitutes a live ficus hedge and not a stucco wall. The property in question is almost an acre in size, is zoned to allow a single family residence, and is located on Point Drive. The property is developed with a large single family residence, a swimming pool and a dock that extends out into the Loxahatchee River. The reason that the Variance is being requested is essential to enable the applicants to achieve their right to privacy, security and the quiet enjoyment of their property. The applicants have made a very large investment in their home, and take pride in keeping it in a very attractive condition not only to preserve its value, but to facilitate their privacy, security and enjoyment. Without the approval of this Variance, their ability to achieve these property rights would be severely compromised. Approval of the Variance requested will not in any way negatively impact surrounding property owners. The applicants believe that the approval criteria for variances established in Section XIII(E)(1)(b) of the Zoning Code have clearly been met for this request as follows: 1. Special conditions and circumstances exist which are peculiar to the subject property and which are not applicable to other lands in the same zoning district. The applicants' property is 353 + feet deep, which is approximately, on an average, 200 feet deeper than a majority of the platted lots in Tequesta. The applicants' residence is set far back from the front set back in order to maximize the view and enjoyment of the Loxahatchee River. The proposed improvement, for obvious reasons, needs to be constructed and located close to the street side (i.e., front property line). 2. That the special conditions and circumstances do not result from the action of the applicants. The need for the variance is based upon lot depth and the proposed improvements need to be located near the front property line. 3. That granting the variance will not confer on the applicants any special privilege on the property that is denial by the Code to other lands in the same category. The granting of a variance of this nature has been allowed numerous times in the past in Tequesta, and in particular, one (1) other home on Point Drive. In fact, a more liberal variance was just recently granted by the Board on July 16, 2001 on property located on Riverside Drive wherein said Board approved a stucco wall and gate located along the front of the property. 4. That literal interpretation of the provisions of the ordinance would deprive the applicants of rights enjoyed by other property owners in Tequesta. Please see answer three (3) above. 5. That the variance granted is the minimum variance that will make possible the reasonable use of the land. The requested variance is extremely minor, considering that the applicant already has a permit for construction of a stucco wall, connected to the residence, totally surrounding and encapsulating the subject estate. The Code allows this proposed improvement (courtyard effect) that when constructed will be far more monolithic and obtrusive to the environment and the neighbors. Due to the above, the applicants firmly believe that the subject variance is a reasonable, harmonious solution to their hardship not of their making. 6. That the granting 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 neighborhood or public welfare. The proposed variance is minor in nature, and will not create any detrimental impact. In fact, in light of the above permitted courtyard effect, the applicants believe that their variance will provide a substantial benefit to the subject property and to their neighbors. iRIGHT-OF-WAY LINE TEQUESTA DRIVE LEGEND: DESCRIPTION • • • • I ACCORDING • NORTHERLY •JUPITER O.Hl. = OVERHEAD ELECTRIC v V • 6 1 MANORS,• • RECORDED C•• i , CONCRETE • ■ .COUNTY,� , PUBLIC RECORDS.ELEVATIONS -• ` I, •� '•D • • • •- •- / . •, •• •T 12 • • i • - ME • TWO STORY WOOD Dov, C.B.S. 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(�; m 4 0 c < w ~C w �J CL Q w r v z W-N �w a xQ: oL-Z 3 t- w / SCUTH RIGHT-OF-WAY L,NE TECUESTA DRIVE LEGEND: DESCRIPTION q = CENTERLINE V) LOT 11, BLOCK D, TOGETHER WITH THE NORTHERLY 9.50 FEET O.H.E. = OVERHEAD ELECTRIC OF LOT 10 BLOCK D, ACCORDING TO THE PLAT OF JUPITER :_a-. = CONCRETE MANORS, SECTION ONE, AS RECORDED IN PLAT BOOK 12, PAGE 38, -4-7,1 = EXISTING ELEVATIONS -AWAL_NCRE-E }¢ IRON OF THE PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS. ¢�I ROD 18( CAP CONTAINING 37149 SQUARE FEET MORE OR LESS. SET IRON \ �L ROD Ey CAP Z �' ' 3938 3938' j ¢� -�' � 4 A_-VINUl 150. ' S87'55'00"E 332'± FENc 332. STOOP -�--'� :� 2.0 TWO STORY N 17 3 i `lY ; TIO` D C.B.S. 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ELEVATIONS HEAE77N BASED ON N.0.V.0.(1929) "„�, S ~y }::,`' :+. `i ?; i :. /" ° L:•, ••. I;, 0. SEARIN S HEREON BASED ON PLAT ;:> _<<::...:;a k Y Boundar Survey & Site Plan Prepared For: ::::.! : .. ••• r { Bala•..^' :•. ':ia:'t?i ;r'': "i:''}h;:>t•�E:..'.. "tiS;i`:%''t.x;,y, L n GELBER RESIDENCE Dea rlove Associates VE OR S LAND Date Of Survey Y D �9 �1S ale1-3 d ..........::. ::.� •..:..:� ......:.!::.. ::.::,..,..... ...., lye HWY. 91 ,:.�. 98 �* 3 HW ,. 5 9 DIXIE Y OLD D JANUARY A R 4 0 S, JA s RES ROBERT Draw DEARLOVE A 33458 -:,:��':;::::,• F GRID R TER L - - - - - N MAPPER I -ca � R AND .iUP ' :..`�•:' �.�```'`:`%'>:�• PROFESSIONAL SU Rrs�cus: vRVr:E _� .� ,o - /� N V- yCVyE '1EjT.L3-9-?000. RE3. F.B. 112 N 938 U _ - J 0. 3 45 R F CA E 4 87 CE TI I -7 6 :'iij,?i:., .`:'"''�.'.'''. •''.�",�i: 61. -�.0 0 RES. :... .:... .:...:::s C'.:... ..... ... '..:... °::'.:: moi.::'. - r., 5 URu 3CnR 'E C - RES �7-2001 o � > s ED DUES' -CI; Sc. +-_ FLORIDAOR DA T OF � - ATE - - - S - 4 63 ions � - -z -769 2 .; R' -} A 561 No JD - v RS P r ed by: -�un� ''..E-v P i>Sl VILLAGE OF TEQUESTA DEPAR'ITvIEW OF CONIMUNnY DEVELOPMENT Post Office Box 3273 250 Tequesta Drive • Suite 305 Tequesta, Florida. 33469-0273 (561) 575-6220 • Fax: (561) 575-6224 October 1, 2001 Mr. Jack Newsome 351 Mars Avenue Tequesta, FL 33469 Subject: Request for Variance Dear Mr. Newsome: Enclosed is a copy of the Notice of Board of Adjustment Public Hearing to be held at 7:30 P.M., Monday, October 15, 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 check No. 1766 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, R T BO OF ADJUSTMENT Je ery C Newell erk oft a Board Encl. /jmb Recycled Paper VILLAGE OF TEQUESTA DEPARTMENT OF COMMi_1NnY DEVELOPMENT Post Office Box 3273 250 Tequesta Drive • Suite 305 Tequesta, Florida 33469-0273 (561) 575-6220 • Fax: (561) 575-6224 October 1, 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, October 15, 2001, in the Village Recreation Center, 399 Seabrook Road, Tequesta, Florida, to consider: An application from Jack Newsome, owner of the property located at 351 Mars Avenue, Lot 12, Block 33, Jupiter in the Pines Sec. 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 VII, Schedule of Regulations and Application of Regulations, Subsection (C), Schedule of Site Requirements, R-1 Single -Family Dwelling District, minimum front yard setback, to allow the construction of an addition with a front yard setback of 23.3' (feet), in lieu of 25' (feet) front yard setback, as required by the 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, :e Bo rd of Adjustment i C. ewell of th Board ljmb 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 October 1, 2001 Mr. & Mrs. Leslie J. Gelber C/O James H. Ryan, Esq. 701 U.S. Highway One, Suite 402 North Palm Beach, FL 33408 Subject: Request for Variance Gelber Residence, 19020 Point Drive, Tequesta Dear Mr. Ryan: Enclosed is a copy of the Notice of Board of Adjustment Public Hearing to be held at 7:30 P.M., Monday, October 15, 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 check No. 36374 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, ARD OF ADJUSTMENT CI � C. fewell of t& Board /jmb cc: Steve Macari Broedell, Inc. 1610 N. Cypress Dr. Jupiter, FL 33469 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 October 1, 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, October 15, 2001, in the Village Recreation Center, 399 Seabrook Road, Tequesta, Florida, to consider: An application from Leslie J. Gelber and Marguerite M. Gelber, owners 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 four driveway entry columns with two radius walls to a decorative aluminum gate, located approximately twenty-five (25) 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, the Board of Adjustment Je eery . Newell Jerk o the Board /jmb Recycled Paper VILLAGE OF TEQUESTA DEPART M0'; ' 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 incl. this one: Two To: Courier Journal / Legal Advertisement Fax number: (561) 221-4126 From: Joanne M. Burnsed Date: September 27, 2001 Subject: Legal Advertisement Please publish the following legal notice in the Jupiter Courier on the following date: Sunday, September 30, 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 Paper VILLAGE OF TEQUESTA DEPARTMENT OF CO12dLTT\ '1Y 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, October 15, 2001, in the Village Recreation Center, 399 Seabrook Road, Tequesta, Florida, to consider: An application from Jack Newsome, owner of the property located at 351 Mars Avenue, Lot 12, Block 33, Jupiter in the Pines Sec. 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 VII, Schedule of Regulations and Application of Regulations, Subsection (C), Schedule of Site Requirements, R-1 Single - Family Dwelling District, minimum front yard setback, to allow the construction of an addition with a front yard setback of 23.3' (feet), in lieu of 25' (feet) front yard setback, as required by the Code. 2. An application from Leslie J. Gelber and Marguerite M. Gelber, owners 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 four driveway entry columns with two radius walls to a decorative aluminum gate, located approximately twenty-five (25) 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. 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: September 27, 2001 Publish: September 30, 2001 Village of ,M C. I< — Newell the Board Recycled Paper TRANSMISSION VERIFICATION REPORT TIME 09/27/2001 08:31 NAME VILLAGE OF TEQUESTA FAX 561-575-6239 TEL 561-575-6220 DATE DIME 09/27 08:30 FAX NO./NAME 915612214126 DURATION 00:00:54 PAGE(S) 02 RESULT OK MODE STANDARD ECM ,�•� SCRIPPS TREASURE COAST �,'M PUBLISHING COMPANY The Jupiter Courier SCPJM HOWARD P.O. Box 1486, Jupiter, FL 33468 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared, Mary T. Byrne, who on oath says that she is Classified Legal Advertising Representative 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 # Date 2247588 09/30/2001 Copyline PO # 10/15 -Newsome Subscribed and sworn to me before this date: 10/01/2001 l f Notary PUtUdHERINE HUDSON Notary Public, State of Florida My comm. exp. Apr. 19, 2004 Comm. No. CC927458 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, Octo- ber 15, 2001, in the Village Recreation Center, 399 Seabrook Road, Tequesta, Florida, to consider: , 1, An application from Jack Newsome, owner of the property located at 31 Mars Avenue, Lot 12, Block 33, Jupiter in the Pines Sec. D. Subdivision, requesting a variance to the terms of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordi- nance No. 355, as amend- ed, Section VII, Schedule of Regulations and Applica- tion of Regulations, Subsec- tion (c), Schedule of Site Requirements, R-1 Single. Family Dwelling District, minimum front yard set- back, to allow the con- struction of an addition I with a front yard setback of 23.3' (feet), in lieu of 25' (feet) front yard setback, as . required by the Code. 2. An application from Leslie J. Gelber and Mar- guerite M. Gelber, owners ' 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, Ordi- nance No. 355, as amend- ed, Section X, Supplemen- tal Regulations Applying to a Specific, to Several or to All Districts, Subsection (A), General Provisions, Para- graph (1)(c), Walls and Fences, to allow the con- struction of four driveway entry columns with two radius walls to a decora- tive aluminum gate, located approximately twenty-five - (25) feet inside the front property line, in lieu of no ' wall or fence being permit- ted 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 sup- port of or in opposition to - these applications. You are advised that if any person decides to appeql any decision made by the Board of Adjustment with respect to any matter con- . sidered at the Publi, Hear- ing, 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 Y O U R S E L V E S ACCORDINGLY. Village of Tequesta BOARD OF ADJUSTMENT By: Jeffrey C. Newell Clerk of the Board Pub.: September 30, 2001 . Department of Community Development Village of'requesta 250 Tequesta Drive, Suite 305 Tequesta, FL 33469 Ri~_ Gelber residence 19020 Point Drive Gentlemen: Please be advised that the undersigned property owners have no objection to the Gelbers' request to allow construction of four driveway entry columns acid two radius walls to a -ate at their subject residence. Thank you. Very truly yours, Department of Community Development Village of'requesta 250 Tequesta Drive, Suite 305 Tequesta, FL 33469 Rl~_ Gelber residence 19020 Point Drive Gentlemen. Please be advised that the undersigned property owners have no objection to the Gelbers' request to allow construction of four driveway entry columns and two radius walls to a gate at their subject residence. Thank you. Very truly yours, f,; Department of Community Development Village of'requesta 250 Tequesta Drive, Suite 305 Tequesta, FL 33459 M: Gelber residence 19020 Point Drive Gentlemen: Please be advised that the undersigned property owners have no objection to the Gelbers' request to allow construction of four driveway entry columns and two radius walls to a gate at their subject residence. Thank you. Very truly yours, Department of Community Development Village of'requesta 250 Tequesta Drive, Suite 305 Tequesta, FL 33469 RE: Gelber residence 19020 Point Drive Gentlemen: Please be advised that the undersigned property owners have no objection to the Gelbers' request to allow construction of four dziveway entry columns slid two radius walls to a gate at their subject residence. Thank you. Very truly yours, 00 '77 F r - 9 :,ti, ., ,- Department of Community Development Village of Tequesta 250 Tequesta Drive, Suite 305 Tequesta, FL 33469 Rl<= Gelber residence 19020 Point Drive Gentlemen: Please be advised that the undersigned property owners have no objection to the Gelbers' request to allow construction of four driveway entry columns and two radius walls to a gate at their subject residence. Thank you. Very truly yours, Department of Community Development Village of Tequesta 250 Tequesta Drive, Suite 305 Tequesta, FL 33469 Rl: Gelber residence 19020 Point Drive Gentlemen: Please be advised that the undersigned property owners have no objection to the Gelbers' request to allow construction of four driveway entry columns and two radius walls to a nate at their subject residence. Thank you. Very truly yours, Apt "04: Department of Community Development Village of Tequesta ?50 Tequesta Drive, Suite 305 Tequesta, FL 33469 Rk._ Gelber residence 19020 Point Drive Gentlemen: Please be advised that the undersigned property owners have no objection to the Gelbers' request to allow construction of four driveway entry columns and two radius walls to a gate at their subject residence. Thank you. Very truly yours, s i J Department of Community Development Village of'requesta 50 Tequesta Drive, Suite 305 Tequesta, FL 33459 RE- Gelber residence I9020 Point Drive Gentlemen: Please be advised that the undersigned property owners have no objection to the Gelbers' request to allow construction of four driveway entry columns and two radius walls to a gate at their subject residence. Thank you. Very truly yours, X ,., D No Text 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. / 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, Charles B. Fischer, Jr. " //, .7,0 e) / m kA-� A44-t—�112L� "00 lop, 10 006, I . o ZZO Ul-of-t4,q 71" --,,6uj/Lo .,e,2 /a,4 612 ,U 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. Burned: 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, 911.eLe I -9L Dolores Groll U, V/�� Edwin Groll 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 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 Burnsed 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. 'rA 7 14 i OF t..�' LONV .;" Sincerely, William L. Snyder THE SNYDER'S 19059 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. Burned: 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: Oral ..i .: L V ; (J rill i i Lf -4 i u C30MICNI TY DEVELOPME We are writing the Tequesta Board of Adjustment with regard to the application of Les Gelber to install a fence and wall 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 walls 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. Sincere! , Harrison W. Hine Cheryl H. Hine 19038 POINT DRIVE * TEQUESTA, FL * 33469-2030 PHONE: 561/744-2282 • FAX: 561/744-3127 E-MAIL HINECONSULTCa.ATT. 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: 5611744-2282 • FAX: 5611744-3127 E-MAIL HINECONSULT@ATT.NET F 10 ACTION ITEMS FROM BOARD OF ADJUSTMENT MEETING of 7/16/01 DISTRIBUTION: Village Manager Michael R Couzzo, Jr. ;" r_. Clerk of the Board Jeff Newell s 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.