HomeMy WebLinkAboutOrders_Variances_1/16/2020_VAR 1-20_Steven W. Presley • FILED: Vii age of Tequesta
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VILLAGE OF TEQUESTA lime: 1r4 ..
PLANNING AND ZONING BOARD
CASE NO. VAR 1-20
IN RE: Steven W. Presley and Pamela S. Presley, Trustees of the Presley Family Trust
dated October 20, 2016, Owners &Applicants
PROPERTY LOCATION:
370 Riverside Drive, Tequesta, FL 33469
LEGAL DESCRIPTION: RIVERSIDE ON THE LOXAHATCHEE LT 2 BLK 4
PARCEL CONTROL NUMBER: 60-42-40-36-04-004-0020
VARIANCE REQUESTED: Variance from Sec. 78-299(c)(1) to allow' the location of a
48kW 60Hz emergency generator in the front yard of the residence where the code prohibits
placement in a residential front yard.
ORDER DENYING VARIANCE APPLICATION
This cause was heard upon the application for a variance and the Village of Tequesta Planning
and Zoning Board considered the evidence presented by the Applicants and other interested
persons at a hearing called and properly noticed. The Planning and Zoning Board being otherwise
duly advised,
THEREUPON, THE TEQUESTA PLANNING AND ZONING BOARD FINDS AS
FOLLOWS:
1. The Applicants have applied for a variance from Section 78-299(c)(1), Village Code
of Ordinances.
2. The subject property is located in the R-1 zoning district in the Village of Tequesta.
3. Pursuant to Sections 78-61 and 78-65 of the Village Code of Ordinances, the Planning
and Zoning Board has the authority to consider and issue variances relating to single-
family properties and structures located within the R-1A and R-1 single family
dwelling districts of the Village of Tequesta.
4. The Applicants have submitted all documents required by the Village's Code of
Ordinances for Planning and Zoning Board review and final action.
' The Village's Building Department previously issued a permit to locate the generator in the front yard in error, and
in advance of this request for variance.
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5. The application, all supporting documents, and presentation materials were reviewed
by the Planning and Zoning Board at a meeting on January 16, 2020, and as kept on
file by the Village, are made a part of this order and are hereby incorporated by
reference.
6. Under the Village Code of Ordinances, the Planning and Zoning Board has the right,
power and authority to act upon the Applicant's request.
IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED BY THE
PLANNING AND ZONING BOARD OF THE VILLAGE OF TEQUESTA, FLORIDA, AS
FOLLOWS:
The application for Variance, Case No. VAR 1-20 with reference to the above-described
property within the Village of Tequesta, Palm Beach County, Florida, to permit the location of a
48kW 60Hz emergency generator in the front yard of the residence where the code prohibits
placement in a residential front yard, in accordance with the variance application attached hereto
as Exhibit"A"is hereby DENIED since the Village of Tequesta Planning and Zoning Board finds
that the Applicants have failed to establish with competent, substantial evidence the existence of
any special conditions and circumstances which are peculiar to the land, structure, or building
involved, which are not applicable to other lands, structures or buildings in the same zoning
district, and which were not caused by, or are the result of, actions of the Applicants themselves.
Pursuant to Section 78-65(a)(2)a. and b. of the Tequesta Zoning Code,it is the Applicants' burden
to establish these (among other) criteria in order for this variance to be approved.
DONE AND ORDERED on January 17, 2020.
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