HomeMy WebLinkAboutDocumentation_BoA_09/17/2007r
APPLICATION FOR VARIANCE
VILLAGE OF TEQUESTA
DEPARTMENT OF CON1MUNITY DEVELOPMENT
345 TEQUESTA DRIVE
TEQUESTA, FL 33469
(561) 575-6220 FAX: (561) 575-6224
NAME OF APPLICANT: §5�
MAILING ADDRESS: bb c. E 13 u re P ; fire- rL .3 3
PHONE NO. (HOME) 6 o - 5 &) S1. %- C-, .� - 7 3 7
LOT/PARCEL. ADDRESS:. 3 5c. e h u r -o A I t� u �.s F"L 3354L2
LOT. 7 BLOCK: 3.:t SUBDIVISION Ju P i 7aM -,v Ne, Pin 9 e,
PROPERTY CONTROL NUMBER 6, 6 - Y -R- YQ -. ��'� U - 6.3-?- 00 7b
NATURE OF VARIANCE: , ki r" env o- rj a.n � e, Ame
J M ll+ LU FILUN OF VARIANCE: Please address the six criteria of the Zoning Code; Ref Art. III,
Sec. 78-65(2) A F. If your variance request is related to the public waters of the State of Florida,
comprising the Loxahatchee River and the Intracoastal Waterway including all creeks, canals or
tributaries therewith, you must also address the ten criteria listed in the attached Zoning Code; Ref: Art.
XIII Sec. 78-837(6), (1)-(10).
NOTE: Applicant shall include the following items with this application:
1) Current sealed survey of property showing all structures and setbacks.
2) Drawings to scale of proposed improvements.
3) Written approval from property owner, if other than applicant.
4) Any other documentation pertinent to this application.
5) Copies of all submittals as follows:
Board of Adjustment Variance Request - 15 copies
Village Council Variance Request - 23 copies
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:A-4woL- G.ZZ-,,DATE:
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talc = CALCULATED DISTANCE
meas = MEASURED DISTANCE LOT 6
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SURVEYORS NOTES:
1. THIS SURVEY COMPLIES WITH CHAPTER 61G17-6, FLORIDA ADMINISTRATION
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356 CHURCH ROAD
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2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE.
3. LEGAL DESCRIPTIONS SUPPLIED BY CLIENT OR CLIENT'S AGENT.
4. WRITTEN DIMENSIONS TAKE PRECEDENCE OVER SCALED DIMENSIONS,
SOME ITEM SHOWN HEREIN ARE FOR GRAPHIC AND INFORMATIONAL PURPOSES ONLY.
5. VISIBLEENCROACHMENTS, IF ANY ARE SHOWN HEREON.
6. DIMENSION SHOWN HEREON BETWEEN HOUSE CORNERS AND PROPERTY LINES ARE NOT
TO BE USED FOR ANY CONSTRUCTION PURPOSES.
7. ELEVATIONS HEREON BASED ON NATIONAL GEODETIC VERTICAL DATUM (N.G.V.D. 1929)
8. NO UNDERGROUND UTILITIES LOCATED EXCEPT WHERE SHOWN HEREON.
9. THIS IS NOT AN ENVIRONMENTAL SURVEY.
0. BEARINGS HEREON BASED ON THE CENTERLINE OF CHURCH STREET.
11. THIS SURVEY IS NOT VALID WITHOUT SURVEYORS SIGNATURE & EMBOSSED SEAL.
4
2' 'SOU TH
DESCRIPTION
LOT SEVEN (7), BLOCK THIRTY-TWO (32), SECTION B OF
JUPITER IN THE PINES, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 26, PAGE 18 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
CONTAINING 7,875 SQUARE FEET MORE OR LESS.
CERTIFIED TO:
MARY E. HESTER, AS TRUSTEE OF THE MARY E. HESTER
REVOCABLE TRUST UNDER AGREEMENT DATED 5/30/07
E END RAYNOR LAW FIRM, P.A.
W. ATTORNEYS' TITLE INSURANCE FUND, INC.
LCT 8 PATRICK M. GORDON, P.A.
i8.8' OF
CHAINLINK
FENCE
!CE CORNER
i N. & 1.0'E.
)UND 5/8"
ON ROD
LOT 9
— � �L_ 5�1 �: — __::�
RbNALD E. STOTLER
PROFESSIONAL SURVEYOR AND MAPPER
CERTIFICATE NO. 5026
STATE OF FLORIDA
PROPERTY SHOWN HEREON IS LOCATED IN
FLOOD ZONE B PER FLOOD INSURANCE RATE
MAP 120228 0001 C DATED SEPTEMBER 30, 1982.
Vyy PROFESSIONAL LAND SURVEYORS��
LICENSED BUSINESS - 7571
450 S. OLD DIXIE HIGHWAY, SUITE 9
JUPITER, FLORIDA 33458
561-746-8745 FAX 561-746-9632 E—mail Fllandsurveyor®bellsouth.net
Boundary Survey
Prepared For: MARY E. HESTER
Drawn by GAR I Date Of Survey Scale
Field: RMCM F.B.13Pg42 JULY 26, 2007 1-= 20'
07-298
l�7
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SET
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IRON PIN
ems`•' '
z
50.00'calc 779.94'
V)
=-=
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JD TWO
'IRON RODS
LOCATION MAP NOT TO SCALE
DESCRIPTION
LOT SEVEN (7), BLOCK THIRTY-TWO (32), SECTION B OF
JUPITER IN THE PINES, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 26, PAGE 18 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
CONTAINING 7,875 SQUARE FEET MORE OR LESS.
CERTIFIED TO:
MARY E. HESTER, AS TRUSTEE OF THE MARY E. HESTER
REVOCABLE TRUST UNDER AGREEMENT DATED 5/30/07
E END RAYNOR LAW FIRM, P.A.
W. ATTORNEYS' TITLE INSURANCE FUND, INC.
LCT 8 PATRICK M. GORDON, P.A.
i8.8' OF
CHAINLINK
FENCE
!CE CORNER
i N. & 1.0'E.
)UND 5/8"
ON ROD
LOT 9
— � �L_ 5�1 �: — __::�
RbNALD E. STOTLER
PROFESSIONAL SURVEYOR AND MAPPER
CERTIFICATE NO. 5026
STATE OF FLORIDA
PROPERTY SHOWN HEREON IS LOCATED IN
FLOOD ZONE B PER FLOOD INSURANCE RATE
MAP 120228 0001 C DATED SEPTEMBER 30, 1982.
Vyy PROFESSIONAL LAND SURVEYORS��
LICENSED BUSINESS - 7571
450 S. OLD DIXIE HIGHWAY, SUITE 9
JUPITER, FLORIDA 33458
561-746-8745 FAX 561-746-9632 E—mail Fllandsurveyor®bellsouth.net
Boundary Survey
Prepared For: MARY E. HESTER
Drawn by GAR I Date Of Survey Scale
Field: RMCM F.B.13Pg42 JULY 26, 2007 1-= 20'
07-298
VILLAGE OF TEQUESTA
DEPARTMENT OF COMMUNITY DEVELOPMENT
345 Tequesta Drive • Tequesta, Florida 33469-0273
(561) 575-6220 • Fax: (561) 575-6224
August 20, 2007
Dear Property Owner:
RE: Mary Hester
356 Church Road
Tequesta, FL 33469
As the owner of property located within 300 feet of the above referenced property, Public Notice
is hereby given that the Board of Adjustment of the Village of Tequesta, Florida, will hold a
Board of Adjustment Meeting on Monday, September 17, 2007, at 7:00 P.M., in the Village of
Tequesta Council Chambers, 345 Tequesta, Florida, to consider:
An Approval for the renewal of a Variance Agreement for a second
Dwelling Unit with kitchen, dated November 15, 1993, located at
356 Church Road, Tequesta.
At such time and place, the Board of Adjustment will hear all the 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 Meeting, he/she
will need a record of the proceedings, and for such purpose, he/she 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.
VILLAGE OF TEQUESTA
FOR THE BOARD OF ADJUSTMENT
Catherine A. Harding pA
Clerk of the Board '
Community Development Director
/mk
Application by Mary E. Hester for renewal of Variance for Kitchen at 356 Church Rd., Tequesta, FL - 1 -
I am in the process of purchasing 356 Church Rd in the Village of Tequesta. Attached is a copy
of the authorization for my seeking a renewal of the existing variance agreement from the current
owners. I am requesting a renewal of the variance agreement which allows a secondary kitchen
in this one-story single family home. I agree to be bound by the terms and conditions expressed
in the variance agreement dated November 15, 1993. I am enclosing a copy of the Variance
Agreement for your convenience. The variance itself is dated October 18, 1993 according to the
Variance Agreement.
I would like my 80 -year-old very close friend to live in my home. We have been close friends
for over 35 years and rely on one another to a greater extent than many who are related to each
other. Over the years we have often lived as a family unit and that would be the situation if he
were to live with me again. He is single and currently lives alone in a two story town home. My
friend's health is failing and his ability to walk has been adversely affected. For example, trying
to get up and down the stairs in his current home is increasingly difficult and dangerous for my
friend. Maintaining his quality of life with as much independence as possible, with help from
me, will allow my friend to not have to enter some kind of assisted living facility at this time.
However, it is important to my friend that he takes care of himself and his needs as much as
possible. This includes the ability to plan and cook his own meals when he so chooses. Just as
other families we, too, may prepare or have meals at different times and locations within the
home or may eat or prepare meals together. One person might cook one day and the other
person on another day. Either kitchen could be used to prepare meals for one or both of us. We
would be living as a family unit, participating in the household just as those related by blood or
marriage. Additionally, the renewal of the kitchen variance would allow my friend to prepare
meals and have control of the space around him.
For the following reasons the authorization of renewal of the existing variance for the kitchen
facility in the authorized addition will not be contrary to the public interest, where, owing to
special conditions, a literal enforcement of the provisions of this chapter will result in
unnecessary hardship.
1. The 326 sq. ft. addition which includes a secondary kitchen has been in place since about
1993. It is my understanding that the existing variance deals with the square footage of
the addition, the amount of lot coverage and a secondary kitchen. It is my understanding
that the existing variance as to the square footage and lot coverage continues to exist
regardless of any action taken on my request for renewal of that portion of the variance
dealing with the secondary kitchen The existing and allowed secondary kitchen in this
addition constitutes special conditions and circumstances existing 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. The addition with secondary kitchen already exists and I have done nothing to create it.
Thus the special conditions and circumstances do not result from the actions of the
applicant.
3. By granting the renewal of the existing kitchen variance, my friend and I will be able to
live as a family unit and he will be able to maintain his independence. By granting the
Application by Mary E. Hester for renewal of variance for Kitchen at 356 Church Rd., Tequesta, FL - 2 -
requested renewal of the secondary kitchen variance you will not be conferring an
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special privilege that is denied by the law to other lands, buildings or structures in the
same zoning district. Rather, you will be allowing a family unit to live as responsible
citizens in the Village of Tequesta. The existing kitchen variance states that the renewal
shall not be unreasonably withheld by the Village. This will still be a single family home
with only members of the family unit and their bona fide guests using the secondary
kitchen.
4. If you were to literally interpret the provisions of the chapter, you would be depriving me
of the rights commonly enjoyed by other properties in the same zoning district and would
work unnecessary and undue hardship on me. According to REALTOROD Magazine
Online articles in March 2006 and March 2007 multiple kitchens in single family homes
are becoming increasingly common based on an AIA (American Institute of Architects)
design survey of residential architecture firms. In 2006, 25% of the surveyed architects
reported seeing multiple kitchens in single family homes and in 2007 nearly 33%
reported seeing separate kitchen facilities (other than the main kitchen). I have attached
copies of information I found on the intemet about these surveys and trends. Outdoor
kitchens with cooling, cooking and water/sink functions are now very popular with single
family home owners and are, in fact, 2"d kitchens for those families who have them.
Those second kitchens do not tum a single family home into something other than a
single family home. The secondary kitchen in the addition at 356 Church Rd. does not
tum the single family homes into something other than a single family home. Some
luxury homes have second kitchens with cooking, sink and refrigeration capabilities in
guest houses or second kitchens located in or near the Master Bedroom Suite so that food
may be prepared in close proximity to where the person is physically located. The
existence of a second kitchen does not change the nature of the large luxury single family
home into a multi -family unit — it remains a single family home that happens to have a
second kitchen. While 356 Church Street is not by any means a large luxury mansion, the
nature of the home is not changed from single family when the second kitchen is used by
members of the family unit and their guests. Denying the renewal of the kitchen variance
would deprive me and my family unit and guests rights to an existing secondary kitchen
even when other single family homes either have or could have elaborate outdoor
kitchens or kitchens in their master bedroom suites. Denial of the renewal of the existing
kitchen variance will create an undue hardship because I would not be able to use the
space as it currently exists and likely would spend time, effort and cost to modify the
existing space.
5. Renewing the variance to allow continued use of the secondary kitchen is the minimum
variance that will make possible the reasonable use of the land, building or structure. The
secondary kitchen in the addition exists. Ordinary interior doors provide access from the
addition to the original structure and vice versa. I am willing to abide by the requirements
and conditions in the existing Variance Agreement. Thus, renewing the kitchen variance
does not change anything and is therefore the minimum variance that will make possible
the reasonable use of the building.
Application by Mary E. Hester for renewal of variance for Kitchen at 356 Church Rd_, Tequesta, FL -3-
6.
3-
6. Renewing the existing kitchen variance will not be injurious to the area involved because
the area residents would continue to see the same fa�ade/footprint if the kitchen variance
is renewed — there is nothing about the external appearance to indicate there is a
secondary kitchen. The addition with kitchen is not and would not be available as rental
quarters to tenants. Thus the public welfare would not be adversely affected because the
property would continue to be used as a single family home that just happens to have a
main and a secondary kitchen. Street traffic generated by the family unit should be
similar or possibly even less than existed prior to my assuming ownership of the home.
In conclusion, I am requesting renewal of the existing variance for the kitchen in the addition and
agree to abide by the conditions in the Variance Agreement dated November 15, 1993. Thank
you for your time and attention to this matter
Photo of existing secondary kitchen
Allowed by current variance
Front of home
356 Church Road
Rear of existing addition allowed by existing variance
rropertyIaIK.com :: &ttcnens to bedrooms, Backyards increasingly Common Page 1 of I
i
�s m_.a}. F it 200
Source: REALTOR® Magazine Author: Camilla McLaughlin
Americans are smitten with kitchens, which are a top priority for buyers and a hot zone for remodeling, according to research by the Joint Center for
Housing Studies at Harvard university and the American Institute of Architects, among others_ So, its no surprise that the trend in kitchens is having
ore of them — inside and outside the home.
In the most recent AIA design survey of 600 residential architecture firms, 25 percent of respondents indicated that the number of kitchens per home
is increasing.
"Both the square footage devoted to kitchens and the number of separate cooking facilities throughout the home are increasing, including the addition
of outdoor kitchens in many parts of the country," says Kermit Baker, AIA's chief economist. The quarterly survey identifies home design trends.
Multiple kitchens are becoming an upscale staple, in part as an expression of an affluent lifestyle and also as a function of the size of homes.
Additionally, a new generation of space -saving, adaptable appliances, such as drawer and undercounter refrigerators, outdoor refrigerators, and in -
sink and drawer disbmas;hers, matte it increasingly practical and cost effective to incorporate auxiliary food prep areas in homes.
In addition to outdoor or summer kitchens, top spots where owners locate additional kitchen spare include game rooms, au pair suites, and master
bedrooms. In a recent survey of luxury home owners conducted by Cokiwell Banker, 16 percent indicated that their homes are equipped with bedroom
kitchens.
The trend also isn't exclusive to muttimi ftn dollar properties, according to Lisa Slacholy, an Atlanta-based architect who chairs the AIA Small Project
Committee. Incri owners, pa ty nesters who want to convert vacated bedrooms into a master suite, are including a
small kitchen space in the design to create a "private fefuge.' Amenities lice a morning kitchen are easy to incorporate when a home or a renovation is
being planned, she says, adding that simple aittle amenities let arty residence feel more lice a luxury home.
By Camilla McLaughlin for REALTOR® Magazine Online
"Reprinted from REALTOR@) Magazine [March, 20061 (http:ihvw v.reaitor.orgireaftormag) with permission of the NATIONAL ASSOCIATION OF
REALTORS. Copyright 2006. AIi rights reserved."
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{ Dai( Real Estate News March 12, 2007
€ y SEARCH NEWS
AD
=
TOELL Buyers Splurge Where It Counts: Kitchen, Bath =�
i The slowdown in the housing market hasn't curbed consumers' desire
w€ for upscale kitchens and baths, says American Institute of Architects
SUBSCRIBE TO NEWS
I- Chief Economist Kemtit Baker.
Daily and weekly real
"Households continue to emphasize size, features, and high-end estate news, trends,
products used in their kitchens and baths even as the overall housing NAR press releases,
slowdown has encouraged many to scale back on their overall housing convention coverage,
investment," he says. plus new online
~ - exclusive features and
>3E! f G No longer just a place to cook, the kitchen has evolved into the most columns.
popular room in the house. "There's a strong desire to integrate the
kitchen with Curing space that allows for a more open home MORE NEWS
environment with the ability to converse and access entertainment
options while in the kitchen," says Baker. 4
In the most recent AIA design trends survey, 40 percent of architects r
report a trend toward larger kitchens_ Almost one-third see se rate
kitchen facilities other than the main on a o0
eparation or toostorage areas as also increasingly appearing in SNARE YOUR
INSIGHTS
Kitchens also are an area where owners are likely to upgrade. "Upper -
Read the latest
end appliances are becoming more popular, even for homes that aren't book reviews and
at the upper end of a price range," says Baker. lively author chats,
- --- — - and then post your
_ Y Survey: Most Popular Kitchen Features comments and
questions!
AEA rated the most popular kitchen features by subtracting the number
of survey respondents who say a feature is decreasing in popularity
- from the number who say it's 'increasing.
• Upper -end appliances: 65%
- • Increased pantry space: 64%
TOOLS - Renewable flooring material: 53%
• Wine refrigerators/wine storage: 53%
`' • Integration with living space: 53%
• Recycling center: 48%
• Island work areas: 43%
- Natural stone countertops: 42%
• Drinking water filtration systems: 37%
Duplicate appliances: 34%
. - In the Bath: What Buyers Want
In the bathroom, "accessibility features and universal design to
accommodate an aging population are on the rise ," Baker says. "From
an amenities standpoint, heated floors lead the way, followed by
multiple showers and towel warming racks. The popularity of whirlpools
http://www.realtor.org/RIVIODaily.nsf/pages/News2007O3 l2O2?OpenDocument 7/22/2007
AiAjL, i kinw xtagazine-ijany i-4ews-buyers bpiurge w nere it counts: Kitctien, Bath -Page 2 ot- 2
has dropped for the second consecutive year."
Here's the complete list of the most popular bath features:
• Radiant heated floors: 62%
• Multihead showers: 62%
• Accessibilityluniversal design: 48%
Doorless showers: 47%
Linen closet/storage, 36%
Hand showers: 36%
Multiple vanities: 26%
G EN E P -A L - Dressing/cosmetic areas: 23%
F 0 % 0 - Towel warming drawerstracks: 22%
Growing, too, is the desire to incorporate green features into kitchens
and baths. Increasing, according to architects, is consumer demand for
renewable flooring material, such as bamboo or concrete, and drinking
water filtration systems.
By Camilla McLaughlin for REALTOR® Magazine Online
F --A E -ma A Page gGive Feedback
07: 7-1- 1
httn://www.realtor.ora/RMODailv.n,-,f/naae,-,/News2OO7O3l.202?OnenDocument 7/22/2007
TO: Board of Adjustment Members
FROM: Catherine A. Harding, Board of Ad. t r
DATE: November 1, 2007
SUBJECT: Application for Extension of a Variance Agreement Creatin
A Second Dwelling Unit, dated 11/15/93; 356 Church Road, Mary Hester
At the September 17, 2007, Board of Adjustment Meeting, the Board requested an opinion from
our attorney, on whether the terms and conditions of the 1993 Variance were met.
Scott Hawkins did respond in his letter dated 10/19/07, and his findings were:
The prior owner did not comply with paragraph 3 of the Variance Agreement
and did not "send to the Village an annual written statement to confirm that
said single family use of the property is continuing and there is a need for the
aforesaid second kitchen."
2. That the new owner did not apply for an extension of the variance renewal, prior to
Closing on the sale of the aforementioned property.
Mr. Hawkins' opinion is that the Variance Agreement does not need to be renewed, letter
attached.
The Variance Agreement states that "If the Purchaser agrees to be bound by the terms and
conditions expressed in this agreement, said renewal of Variance shall not be unreasonably
withheld by the Village."
The "terms and conditions expressed" were not carried out by either the seller or the buyer and
the Variance Agreement is therefore not renewable.
In our Village Ordinances Chapter 78, Article III — Appeals and Variances, Sec. 78-65(b) states
that: "In granting any variance, the Board of Adjustment or Village Council may prescribed
appropriate conditions and safeguards in conformity with this chapter and any other ordinance
enacted by the Village Council. Violation of such conditions and safeguards, when made a
part of the terms under which the variance is granted, shall be deemed a violation of this
chapter. "
Further, Section 78-65(d) states: "Under no circumstances shall the Board of Adjustment or the
Village Council grant a variance to permit a use not generally or by special exception permitted
in the zoning district involved or any use expressly or by implication prohibited by the terms of
this chapter in the zoning district."
The zone in question is the R-1 zone. This is restricted to single family homes. A variance
could not be given for two dwelling units in the single-family zone. The original Variance
Agreement created two separate dwelling units in a single family zone. The granting of such
variance is in conflict with the permitted uses of the R-1 Zone.
Attachment
CAH/mk
JONES
FOSTER
JOHNSTON
& STUBBS, P.A.
Attorneys and Counselors
Flagler Center Tower, Suite 1.100
505 South Flagler Drive
West Palm Beach, Florida 33401
Telephone (561) 659-3000
Scott G. Hawkins, Esquire
Board Certified in Business Litigation Law by the Florida Bar
Direct Dial: 561-650-0460
Direct Fax: 561-650-0436
E -Mail: shawkins@jones-foster.com
October 19, 2007
Catherine A. Harding
Community Development Director
Village of Tequesta
Post Office Box 3273
Tequesta, FL 33469
Re: 356 Church Road, Tequesta Florida
Dear Catherine:
Mailing Address
Post Office Box 3475
West Palm Beach, Florida 33402-3475
This letter is written in response to your correspondence of September 28, 2007 and in
follow-up to our telephone conversations in this regard.
I have reviewed your letter and in the attached "Variance Agreement" for the
aforementioned property. I note that this agreement was formed in November 1993 and
was recorded in the Public Records of Palm Beach County Official Record Book 7993,
Page 1316. Therefore, by virtue of such recording, the purchaser of the aforementioned
property would be on "Record Notice" of the terms of the Variance Agreement.
As I understand it, the aforementioned property was recently sold to a new owner and
such transaction has evidently closed. Following closing, the new owner has indicated
to the Village a desire to renew the Variance Agreement.
As I understand it, the prior owner was not in compliance with the terms of the Variance
Agreement. Specifically, among other things, the prior owner did not comply with
Paragraph 3 of the Agreement as the prior owner did not "...send to the Village an
annual written statement to confirm that said single family use of the property is
continuing and there is a need for the aforesaid second kitchen." Moreover, it is my
understanding that the new owner did not apply for an extension of the variance
renewal, prior to closing on the sale of the aforementioned property.
Based on my review and the prior owner's non-compliance with the Agreement, it is my
opinion that the Variance Agreement does not need to be renewed.
OCT 2 2 2007
www.jones-foster.com j. =Y
Catherine A. Harding
October 19, 2007
Page 2
If you have any questions in this regard, do not hesitate to contact me.
Very truly yours,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
t.; . (ft
71
By -A —
Scott G. Hawkins
SGH:Io
Enclosure
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VILLAGE OF TEQUESTA
DEPARTMENT OF COIVQVI[JT\M DEVELOPMENT
Post Office Box 3273 • 357 Tequesta Drive
Tequesta, Florida 33469-0273 • (561) 575-6220
Fax: (561) 575-6239
September 28, 2007
Scott Hawkins, Esq.
Jones, Foster, Johnston & Stubbs, P.A.
505 So. Flagler Drive, Suite 1100
West Palm Beach, FL 33401
RE: Opinion Letter
Dear Scott:
Attached, please find a Variance Agreement dated 11/15/93. At the Board of Adjustment Hearing on
9/17/07, the Board heard a request to continue this agreement to the next owner.
All parties were fully aware of the agreement but closed on the property anyway. Additionally, Sec. ( 3)
of the agreement required the original owner to notify the Village annually of the status of the use and
never did so.
The agreement in effect created a two family house in a single family zone. At the hearing on 9/17/07,
the Board requested an attorney's opinion as to whether the terms of the agreement have been met. That is
the simple question they have and we would appreciate your written opinion on it.
Thank you for your assistance. If you have any questions, please do not hesitate to call.
Yours truly,
n
Catherine A. Harding'
Community Developmen --Director
CAH/mk
Attachment
Recycled Paper
MPAR&O BY; Patrick M. Gordon, Esquire
810 Saturn street, Suite 17 WGV-2344 fl'.iiam 9:3-3796!50
tiupiter, Florida 33477 MB 7993N 1316
will win i)1Itifiii K of
VARr AGREMM
THIS ld(3R ommr, made and entered into this /fdap of
November, 1993, between JOSEPH ALOE and FAUSTA ALOE, his wife,
hereanafAr referred to as "Owner", and the VILLAGE OF TEQUESTA,
Pala Eeac \County, Florida, hereinafter referred to as "Village".
8B H 3 T H
a �� er owns a residence in the Village of Tegtresta,
Pales Bea CSy ty, Florida, situate at 356 Church Road, Tequesta,
a Florida, �',s�re Particularly described as follows:
t � Block 32, JUPITER IN THE PINr S Sii80IVISI4t1,
�
a "i['cord. in Plat Book 26, Page 18, public records
4W of Palre-Oe ch County, Plorida.
EtHEAEAS, �Y Qkhae applied to the Board of Adjustment of the
village of Tequ)ctt — for a variance to permit the construction of
_1 o Cn a 326 agnate foot ad tion that will cause the subject property to
= X, exceed the sa+r;�*+++�. le lot coverage trader the zoning code and
°�cr-a
which addition vil' fain a kitchen, all o€ which is for the use
t3o - a. of owners family anti t fide quests.
4 xp u WMUM 8, the¢¢ Ad3ustment of the Village of Tequesta
-a w. ci as bas approved said�vkeLannae . request upon certain conditions
,oa p mg hereinafter set forth whi4*, said conditions are acceptable to
o� s°. w � Owner.
U
.0 a sm, TMEEM, in coa`ai tion of the premi.see, it is agreed
by and. between the parties follows:
r�-
r4,r2 3 11 Upon the happening `qf ay one of the following
( events e kit` alled pursuant to the
J vaxiane rant'Afte be removed at the
H expense of the owner or his r' saeessors or assigns,
to wit:
a) Upon the said kitchgac�i.ties being
used for purposes other t or the use of
members of Owner's family10%-¢ bona fide
IM
guests.
Q b) Upon the premises beingout the
v
purchaser of the premises a } for, and
w being granted, a renewal of t.Tiis-tiariance granted
a- 10/18 93 , and agreeing to ba 2saund r'E& terms
eonditialte imposed thereon by t. Qillage-
If the purchaser agrees to be boub the
terms and conditions expressed -
agreement, said renewal of variance g
he unreasonably withheld by the Yili3lg$ r ;�
2) tion the failure of the Owner or somftbAAM�tr>E his
behalf to comply with the requirements of Paragraph I
above, Village shall have full right and authority to
enter the above des=ibed premises, remove the kitchen
facilities and assess the cost thereof against the lands
herai.nsbove described regardless of the ownership of said
lands at the tixss of the removal of said kitchen
facilities.
3) The Owanez doss hereby agree that the proper village
officials may inspect the property to ascextaia
continaiag single, family use should any gnestiou arise as
to this use and, further, the Owner will send to the
village an an wtal vritten statement to confirm that said
single family use of the property is continuing and there
is a need for the aforesaid second kitchen.
Page - 2
Yari.aaca Agraement
Ofd 7993 tel 31-7
RiECOK, VEEFIR DQR{ M H itUJO
CLERK OF THE Off - PB COMM FL
4) This Agreement shall be reaorded in the public
records of Palm Beach County, Florida, and shall
co titute notice to all persons whomsoever of the terms
a'c ovieians hereinabove set forth,
Kusafed and delivered '04"EB"
e of:
o _. ylr�.t .:
v
a{ -Cl 7
STATE OFDA
COUNTY OF PALL{ BEACH
The foregoing iastr
day of Novemberf 1493, by.:r�
Owner of the above dosax
personally known to me or ,
identification, and Who did
My Cau=i.ssion RxPixes:
05-0�"
kdllRY R. GLi�[}1CY
i MMIS rw t20lt4is
"vYLs.Ac�"
Village of Tequesta
By
Attests
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing i.nstruaent was
day of November, 1993, by -zh%q,
Tequeata, Who is (or axe} mr
.Produced .& Drivers License ea ides
take an oath.
My Commission Pxpixes:
J-4
acknowledged before me this
;4,. ira 1h re Who is the
property and who Is (or are)
:e produced a Drivers License as
sot} take an oa
�fS` /n•� c t•
KOMY r['mat ; STATE M n pRIQ.t• FT
1l4't'1i47p;;M:K LzruFN- [kr• 2:, i ii.
FN -Zi r.-rs
before me this /Syy,
t
he e9illagc of
Wor who has
hodid (did not)
Harding, Catherine
From: Harding, Catherine
Sent: Tuesday, October 16, 2007 2:21 PM
To: 'Scott G. Hawkins'
Subject: opinion letter for Board of Adjustment
Scott,
On 9-28-07, our office mailed a request for an opinion for the Board of Adjustment on a variance interpretation. Please
advise as soon as possible, the applicant which this effects would like it to be heard at the next Board of Adjustment
Hearing. Thanks for your help. Call if you have any questions.
Catherine
Howard L. Searcy
356 Church Road
Tequesta, FL 33469
January 12, 2007
Ms. Catherine Harding, Director
Department of Community Development
Village of Tequesta
357 Tequesta Drive
Tequesta, FL 33469
Subject: Variance for Construction of Apartment
356 Church Road
Dear Ms. Harding:
In accordance with our recent telephone conversation, I am enclosing for you the following:
1. Copy of the draft of the variance granted in 1993 transmitted to the writer from the
offices of Mr. Patrick M. Gordon.
2. Letter from Mr. and Mrs. Joseph Aloe indicating that they have been in constant use of
the facilities since the variance was granted in 1993.
3. A draft of a letter, which we would appreciate your preparing on letterhead from the
Village indicating that a purchaser of the property would be required to apply for the
variance and receive such variance from the Village for continuing the use of the kitchen
as allowed by the original variance.
I apologize for the copy of the variance, however, I am unable to find a signed copy nor was one
available from Mr. Gordon's office. I assume that the variance was filed in the public record
although I have not researched that. I will do so if this is your desire.
If I can furnish any additional information in connection with this request, I would be happy to
do so. I would appreciate your preparing the draft letter attached and inform me when it is
prepared so that I may pick it up.
Ver ly yours
oward L. Searcy
Encl.
cc: Pat Gordon w/encl.
GAIloward-STersonalUtr to Village Re Variance Letter.doc
Village of Tequesta
Community Development Department
January 10, 2007
Mr. and Mrs. Joseph Aloe
356 Church Road
Tequesta, FL 33469
Dear Mr. and Mrs. Aloe:
3
On or about November of 1992, you were granted a variance by the
Village to construct an addition to your home at the above address which
could contain a second kitchen. The variance required the continual use of
these facilities by only family members and bona fide guests.
Further, if the residence is sold, in order to continue use of these facilities,
the new owners must apply for and be granted a renewal of the variance
and must agree to be bound by the terms and conditions of the original
variance.
Please let us know if you require further assistance on this matter.
Sincerely,
Title
Village of Tequesta
Community Development Department
Mr. & Mrs. Joseph Aloe
356 Church Road
Tequesta, FL 33469
January 10, 2007
Ms. Katherine Harding, Director
Village of Tequesta
Department of Community Development
357 Tequesta Drive
Tequesta, FL 33469
Subject: Variance for Construction of Apartment
356 Church Road
Dear Ms. Harding:
A variance was granted by the Village Council on approximately
November of 1993 to us as owners of the property. This variance required
annual notice that the property was continuing use as a single family
residence and there is a continuing need for the second kitchen. This
letter is intended to supply assurance to the Village of the continued use
by Mr. and Mrs. Joseph Aloe of the kitchen allowed by the variance from
its completion in early 1994 to the present date. Annual statements as
required by the variance agreement will be furnished to the Village.
Fausta .-
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
September 28, 2007
Scott Hawkins, .Esq.
Jones, Foster, Johnston & Stubbs, P.A.
505 So. Flagler Drive, Suite 1100
West Palm Beach, FL 33401
RE: Opinion Letter
Dear Scott:
f
Attached, please find a Variance Agreement dated 11/15/93. At the Board of Adjustment Hearing on
9/17/07, the Board heard a request to continue this agreement to the next owner.
All parties were fully aware of the agreement but closed on the property anyway. Additionally, Sec. ( 3)
of the agreement required the original owner to notify the Village annually of the status of the use and
never did so.
The agreement in effect created a two family house in a single family zone. At the hearing on 9/17/07,
the Board requested an attorney's opinion as to whether the terms of the agreement have been met. That is
the simple question they have and we would appreciate your written opinion on it.
Thank you for your assistance. If you have any questions, please do not hesitate to call.
Yours truly,
Catherine A. Harding
Community Development Director
CAH/mk
Attachment
Recycled Paper