HomeMy WebLinkAboutDocumentation_Planning and Zoning_Tab 01_5/21/2020Agenda Item #1.
Planning and Zoning :•, •
STAFF MEMO
Meeting: Planning and Zoning Board - May 21 2020
Staff Contact: Nilsa Zacarias, Director of Department: Community Development
Community Development
VAR 2-20: Application from DUKE DANIEL III & DUKE JENNY for a variance to install a fence past
the front of their residence; relief from Sec. 78-284 to extend forward of the near portion of the
building front, where the code does not permit any wall or fence to extend forward of the adjacent or
nearest portion of the building front. The address of the property is 18996 Point Drive, Tequesta, FL
33469.
VAR 2-20: Application from DUKE DANIEL III & DUKE JENNY for a variance to install a fence past the front of their
residence; relief from Sec. 78-284 to extend forward of the near portion of the building front, where the code
does not permit any wall or fence to extend forward of the adjacent or nearest portion of the building front. The
address of the property is 18996 Point Drive, Tequesta, FL 33469.
VAR 2-20 Duke Residence Staff Report w attach
Duke Variance Application
Duke 21 Hardscape Variance Plan
Page 3 of 31
Agenda Item #1.
VILLAGE OF TEQUESTA
Department of Community Development
Staff Report — Planning and Zoning Board — May 21, 2020
I. Petition No. — VAR 2-20
APPLICANT: Parker Yannette Design Group
c/c: Steve Parker
825 S. US Highway 1, Suite 330
Jupiter, FL 33477
OWNER: DUKE DANIEL III & DUKE JENNY
REQUEST: Application from DUKE DANIEL III & DUKE JENNY for a variance to install a fence
past the front of their residence; relief from Sec. 78-284 to extend forward of the
near portion of the building front, where the code does not permit any wall or
fence to extend forward of the adjacent or nearest portion of the building front.
The address of the property is 18996 Point Drive, Tequesta, Florida, 33469.
LOCATION: 18996 Point Drive
Tequesta, FL 33469
Location Map
1
Page 4 of 31
Agenda Item #1.
Land Use and Zoning
EXISTING LAND
FUTURE LAND
ZONING
USE
USE
Low Density
Low Density
R-1A — Single
SUBJECT
Residential (Max.
Residential (Max.
Family Dwelling
PROPERTY
5.4 D.0 per Acre)
5.4 D.0 per Acre)
District
II. STAFF ANALYSIS
The subject application is located at 18996 Point Drive, in the R-1A Single Family Dwelling District.
The subject property was demolished in 2019. After demolition, the property owner submitted a
building permit application on February 13, 2020, for the construction of a single-family new
residence. The applicant, Parker Yannette Design Group, is requesting a variance to install a fence
past the front of their residence; relief from Sec. 78-284 to extend forward of the near portion of
the building front, where the code does not permit any wall or fence to extend forward of the
adjacent or nearest portion of the building front. Please see attached complete application for
further details.
Village Code Section 78-284:
(a) Walls and fences may be erected or maintained within or adjacent to a property line to a
height not exceeding six feet. No wall or fence shall be permitted to extend forward of the
adjacent or nearest portion of the building front, regardless of the actual, allowed building
setback line, on any lot or parcel (see Fig. A), except for lots or parcels located along and
fronting upon County Club Drive, where walls not exceeding five feet in height may be located
forward of the front building line. Commercial property abutting a residential property shall
comply with section 78-403 regarding walls and fences.
Figure A
Rr�idrKirl sdYdu R aidmtW BWdfg
R-&W with'7r without sidewalk
2
Page 5 of 31
Agenda Item #1.
With regard to the subject Variance application, per Sec. 78-65 (a (2), the Planning and Zoning
Board "Authorize upon application in specific cases such variance from the terms of this chapter
as 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. The power to
grant any such variance shall be limited by and contingent upon a finding by the planning and
zoning board or village council that:
a. 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.
b. The special conditions and circumstances do not result from the actions of the applicant.
c. Granting the variance requested will not confer on the applicant any special privilege that
is denied by this chapter to other lands, buildings or structures in the same zoning district.
d. Literal interpretation of the provisions of this chapter would deprive the applicant of rights
commonly enjoyed by other properties in the some zoning district under the terms of this
chapter and would work unnecessary and undue hardship on the applicant.
e. The variance granted is the minimum variance that will make possible the reasonable use
of the land, building or structure.
f. The grant of the variance will be in harmony with the general intent and purpose of this
chapter and such variance will not be injurious to the area involved or otherwise detrimental
to the public welfare."
III. FINAL REMARKS
The notice of hearing was advertised on May 11, 2020. The legal notice was mailed to property
owners within a 300-foot radius of the property.
The Planning and Zoning Board of the Village of Tequesta will conduct an Electronic Public
Hearing utilizing Communications Media Technology due to the COVID 19 health emergency on
Thursday, May 21, 2020 at 5:30 p.m. Communications Media Technology will be used to
constitute a quorum of the Planning & Zoning Board and Public Participation will occur using
Communications Media Technology.
Please see attached waiver that was signed by the property owner.
3
Page 6 of 31
No Text
Agenda Item #1.
WAIVER OF RIGHT TO APPEAL BASED ON LACK OF DUE PROCESS
BECAUSE OF THE USE OF COMMUNICATIONS MEDIA TECHNOLOGY
IN A QUASI-JUDICIAL PROCEEDING
I understand that the President of the United States has declared a National Emergency due to the
global pandemic caused by the Novel Coronavirus Disease 2019 (COVID-19 Pandemic). I also understand
that the Governor of Florida has declared a State of Emergency in response to the COVID-19 Pandemic.
I understand that the Village of Tequesta (Village) has adopted Resolution 12-20 adopting policy
and implementing protocols for the use of Communications Media Technology to facilitate attendance by
elected and appointed officials at public meetings and also to facilitate public participation and attendance
at such meetings; providing that the use of such protocols is limited to periods of declared emergency when
public health and safety guidance limits the safe attendance at such meetings in person and when Sunshine
Law requirements are lawfully relaxed to permit the same.
I understand and agree that in accordance with Resolution 12-20,1, as Owner of the property for the
Development Application designation below, was offered by the Village the choice of either waiting to
proceed with my Development Application at a regular meeting that does not utilize Communications
Media Technology to establish a quorum; or waiving, in writing, the right to appeal the decision /
development order rendered as a result of the Electronic Meeting on grounds that I was deprived due process
because of the use of Communications Media Technology. I further understand and agree that it is Village
policy that no quasi-judicial proceeding may be processed at an Electronic Meeting prior to this election
being made by me, as Owner of the property at issue.
I understand and agree that for any sworn testimony that 1, as owner and applicant, intend to provide
at hearing, that I am responsible for making appropriate arrangements for offering sworn testimony, for
myself and any witnesses offered, and that I am further responsible for submitting all documentary evidence
in accordance with the Village's policy as set forth in Resolution 12-20.
I understand that as part of the quasi-judicial proceeding for my Development Application, in
accordance with Article I, Section 9 of the Florida Constitution, I am entitled to due process. I am knowingly
and voluntarily choosing to waive my right to appeal the decision / development order rendered as a result
of the quasi-judicial proceeding using Communications Media Technology on grounds that I was deprived
due process because of the use of Communications Media Technology. No one has threatened me, coerced
me in any way, or promised me anything to get me to waive my right to appeal on these grounds.
PROPERTY OWNER:
By:
Owner Name: �-->A n l C, l b v ke
Date: ` - 30 - oLad- C)
Development Application Designation:
Page 1ofI
Page 8 of 31
Agenda Ite .-----------------------
VILLAGE OF TEQUESTA i D�ARTMENTAL USE ONLY k
a..- Fee Paid: '
Department of Community Development Intake Date:
345 Tequesta Drive
Tequesta, Florida 33469
Ph: 561-768-0451 / Fax: 561-768-0699 PROJECT i'i: i
www.tequesta.org
=----------------------
APPLICATION FOR VARIANCE
PLANNING & ZONING BOARD (Single Family) Meeting Date:
VILLAGE COUNCIL Meeting Date:
PROJECT NAME: Duke Residence
PROJECT ADDRESS: 18996 Point Drive, Tequesta, FL 33469
Applicant Name: Stephen J. Parker, Parker Yannette Design Group, Inc.
Applicant Address: 825 S. U.S. Highway One, Suite 330, Jupiter, FL 33477
Applicant Phone No.: (561) 747-5069 Fax No.: 561-747-2041
Cell Phone No.: 561-310-7706 E-mail Address: steve@pydg.com
Provide written approval from the property owner, if other than the applicant.
Property Owner's Name: Daniel Duke
Property Owner's Address: 18996 Point Drive, Tequesta, FL 33469 email: dduke1@hinterlandgroup.com
Property Owner's Phone No.: 954-649-4930 Fax No.: E-mail Address: (see above line)
NATURE OF VARIANCE: Proposed wall/fence across front of property and fence along south property line
beyond southwest corner of proposed residence. Code section 78-284
SIGNATURE OF APPLICANT: DATE: 'ham
NOTE: APPLICANT SMALL INCLUDE THE F LO G MS WITH THIS APPLICATION:
1) Current survey or site plan of property showing all structures and setbacks.
2) Drawings to scale of proposed improvements.
3) Variance Criteria Response — page 2 of application.
4) Any other documentation pertinent to this application.
51 List and map of all property owners within 300' radius of the outermost perimeter of subject property, obtained from P9C
Property Appraisers Office. Labels of each property owner must be affixed to stamped self-adhesive envelopes with a Village of
Tequesta return address label.
6) 15 Copies of all submittal documents.
7) Application Fee of: A) Single Family: $ 300.00 C) Multiple Family $ 1000.00
8) Duplex: $ 700.00 D) Commercial $1000.00
To cover all additional administrative costs, actual or anticipated, including, but not limited to, engineering fees,
consultant fees and special studies, the applicant shall compensate the village for all such costs prior to the processing of
the application or not later than 30 days after final application approval whichever is determined as appropriate by the
village. Failure to make such payment may be grounds for not issuing a building or zoning permit, certificate of occupancy
or completion.
Costs associated with advertising for public hearings and other public notice requirements are the responsibility of the
applicant. The fee shall be paid prior to such application being scheduled for a public hearing requiring notice.
Page 9 of 31
PA9919MAR ONTAIRIANCE: You must provide a response to each of the following questions per Zoning Code Sec. 78-65 (2)
a.-f. If additional space is needed, please attach extra pages to this application. If your variance request is related to the public
waters of the state comprising the Loxahatchee River and the Intracoastal Waterway and all creeks, canals or waterways or
tributaries connected therewith, located within the geographical boundaries of the Village, you must also address the ten criteria
listed in the Sec.76-7 (next page).
1. 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.
Provide security and safety. The Dukes have young children, and the wall/fence will provide a buffer from a busy street.
2 The special conditions and circumstances do not result from the actions of the applicant.
The special conditions and circumstances do not result from the actions of the Dukes and their children.
3 Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands,
buildings or structures in the same zoning district.
Walls/Fences are common along Point Drive, found on the front of 6 neighboring properties.
4 Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in
the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant.
Literal interpretation of the provisions of this chapter would deprive the applicant of rights enjoyed by other properties in
5 The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure.
The variance requested is the minimum to make full use of the property without undue hardship.
6 The grant of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be
injurious to the area involved or otherwise detrimental to the public welfare.
The proposed wall/fence will be in harmony with the Point Dr. neighborhood, based upon its low key residential design
wallifence will en' ia, ce the Bake pi uperty ai id neighbo, hood ai id will not be detrin ie, ital to the public vveffia, e.
Page 10 of 31
Agenda Item #1.
ec. 76-7. Variances. (to be completed only if Variance request is related to Waterway Control)
(a) Any person desiring a variance from the terms of this chapter shall make application for such variance to the zoning board of adjustment of
the village in accordance with the procedures set forth in this section.
(b) In order to authorize any variance from the terms of this chapter, the Board of Adjustment MUST find with respect to the proposed project as
follows:
(1) The variance being requested meets the definition of the term "variance" as that term is used and understood in chapter 78, zoning.
Variance means a variation from the district requirements of this chapter which is granted by the zoning board of adjustment, where such
variance will not be contrary to the public interest and where, owing to conditions peculiar to the physical characteristics of that particular
property and not the result of the actions of the owner, agent, or applicant, a literal enforcement of this chapter would result in
unnecessary and undue hardship.
N/A
(2) No hazardous condition would be created.
(3) The flow of water would not be impeded or interfered with.
(4) No obstruction to navigation would occur.
(5) It would not interfere with traditional public uses of the waterway including, but not limited to, swimming, fishing, or boating.
(6) It would not create an appreciable obstruction of waterway views or otherwise detract from aesthetic values.
(7) It would not appreciably disrupt, interfere with, or disturb marine or benthic life.
(8) It would not contribute to the pollution of the waterway or the degradation of its condition.
(9) It would not interfere with the lawful rights of riparian owners.
(10) It would be consistent with any other applicable laws, rules or plans.
Page 11 of 31
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