The URL can be used to link to this page

Home My WebLink AboutOrders_Variances_6/11/2020_VAR-120_Steven and Pamela PresleyFILED: Village of Tequesta Date: as Time: :ya Azs-• VILLAGE OF TEQUESTA COUNCIL CASE NO.: VAR-120 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 NO.: 604240-36-04-004-0020 VARIANCE REQUESTED: Variance from Sec. 78-299(c)(1) to allow the location of the 48kW 60Hz emergency generator in the front yard of the residence where the code prohibits placement in a residential front yard. SUPPLEMENTAL ORDER APPROVING VARIANCE APPLICATION IN ACCORDANCE WITH SETTLEMENT AGREEMENT The Village of Tequesta Council has considered the Variance Application, the evidence presented by the Applicants and other interested persons, and being otherwise duly advised, THEREUPON, THE VILLAGE OF TEQUESTA COUNCIL FINDS AS FOLLOWS: 1. The Applicants applied for a variance from Section 78-299(c)(1), Village Code of Ordinances to allow the location of the 48 kW 60Hz emergency generator in the ftont yard of the residence. 2. The subject property is located in the R-I zoning district in the Village of Tequesta. 3. The Village of Tequesta Planning and Zoning Board considered the Application at a public hearing on January 16, 2020. 4. The Applicants' neighbors appeared at the public hearing in opposition to the Variance. The Village of Tequesta Planning and Zoning Board denied the Variance on January 22, 2020, which the Applicants timely appealed. Such litigation identified as CASE NO.:50- 2020-CA001861 remains pending in the Circuit Court of Palm Beach County, Florida. 5. The Applicants have worked with the Village and their neighbors to resolve any concerns related to the Variance, including the submittal of the Revised Landscape Plan attached hereto as Exhibit "A." 6. The Applicants have submitted all documents required by the Village's Code of Ordinances for review and final action. 7. The application and all supporting documents were reviewed by the Village of Tequesta Council, and as kept by the Village, are made a part of this order and are hereby incorporated by reference. 8. The Applicants and the Village have agreed to settle the pending litigation identified as CASE NO.:50-2020-CA001861, and the Applicant's neighbors have agreed in writing to the location of the Applicant's generator with the additional landscape screening in accordance with the Revised Landscape Plan attached hereto as Exhibit "A." 9. The Village of Tequesta Council has the right, power, and authority to act upon the Applicants' request. IT IS THEREFORE CONSIDERED, ORDERED AND ADJUDGED BY THE VILLAGE OF TEQUESTA COUNCIL 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 in accordance with the Revised Landscape Plan attached hereto as Exhibit "A" and in accordance with the Settlement Agreement in CASE NO.: 50-2020-CA001861 to resolve the pending litigation is hereby GRANTED. Done and ordered on 96g I I , 2020. 41 _ o`��aaamuO�Fmnn„n„ GE.... LORI McWILI IAMS, MMC VILLAGE CLERK =�= SEAL INC ORpORATED 1 AI WA YOG IL BRENN N, VILL E OF TEQUESTA EXHIBIT C Notice of Voluntary Dismissal With Prejudice IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA STEVEN W. PRESLEY and PAMELA S. APPELLATE DIVISION PRESLEY, as Trustees of the Presley Family Trust dated October 20, 2016, Petitioners, VS. VILLAGE OF TEQUESTA, FLORIDA, Respondent. CASE NO.: 50-2020-CA001861 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE Petitioners, Steven W. Presley and Pamela S. Presley, as Trustees of the Presley Family Trust dated October 20, 2016, by and through its undersigned counsel, and pursuant to Florida Rule of Civil Procedure 1.420(a)(1), hereby give notice of the voluntary dismissal of the above - captioned action with prejudice against Respondent, Village of Tequesta, Florida. Dated this day of June, 2020. Respectfully submitted, A/ S. KAITLIN GUERIN, ESQ. Florida Bar No. 124973 BRIAN M. SEYMOUR, ESQ. Florida Bar No. 120308 Counsel for Steven PY. anti Pamela S. Presley GUNSTER, YOAKLEY & STEWART, P.A. 777 South Hagler Drive, Suite 500 East West Palm Beach, Florida 33401,-6194 Telephone: 561-650-0557 Facsimile: 561-655-5677 Primary: kS1&fJn(g;.SM&itcf,com Primary: bseymouT(it'gurister.coin Secondary: a(jlfhro(*,gunstcr.com Secondary: mnJce(44auru;Lcr&ot)i CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing document is being served on all persons on the below service list on this _ day of June, 2020, via automatic email generated by the Florida Courts. E-Filing Portal. C1: RTIFICATE OF FONT COMPLIANCE I hereby certify that the foregoing document was prepared in Times New Romar7 14- point font, in compliance with Rule 9.2 l0(a)(2) of the Florida Rules of Appellate Procedure. tsi S. KAITLIN GUERIN, ESQ. Florida Bar No. 124973 SERVICE LIST Attorne3s for Village ofTequesta Davis & Ashton, P.A. 701 Northpoint Parkway, Suite 205 West Palm Beach, FL 33407 Keith W. Davis, Esq.: keithii2davisashtonlaw.com Filing # 109199732 E-Filed 06/22/2020 01:07:41 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA STEVEN W. PRESLEY and PAMELA S. APPELLATE DIVISION PRESLEY, as Trustees of the Presley Family Trust dated October 20, 2016, Petitioners, vs. VILLAGE OF TEQUESTA, FLORIDA, Respondent. CASE NO.: 50-2020-CA001861 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE Petitioners, Steven W. Presley and Pamela S. Presley, as Trustees of the Presley Family Trust dated October 20, 2016, by and through its undersigned counsel, and pursuant to Florida Rule of Civil Procedure 1.420(a)(1), hereby give notice of the voluntary dismissal of the above -captioned action with prejudice against Respondent, Village of Tequesta, Florida. Dated this 22nd day of June, 2020. Respectfully submitted, Is/S. Kaidin Guerin S. KAITLIN GUERIN, ESQ. Florida Bar No. 124973 BRIAN M. SEYMOUR, ESQ. Florida Bar No. 120308 Counsel for Steven W. and Pamela S. Presley GUNSTER, YOAKLEY & STEWART, P.A. 777 South Flagler Drive, Suite 500 East West Palm Beach, Florida 33401-6194 Telephone: 561-650-0557 Facsimile: 561-655-5677 Primary: kguerin(agun ster.com Primary: bseymour@gunster.com Secondary: aalfaro@gunster.com Secondary: eserviceagunster.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing document is being served on all persons on the below service list on this 22nd day of June, 2020, via automatic email generated by the Florida Courts E-Filing Portal. Is/S. Kaitlin Guerin S. KAITLIN GUERIN, ESQ. Florida Bar No. 124973 CERTIFICATE OF FONT COMPLIANCE I HEREBY CERTIFY that the foregoing document was prepared in Times New Roman 14-point font, in compliance with Rule 9.210(a)(2) of the Florida Rules of Appellate Procedure. Is/S. Kaitlin Guerin S. KAITLIN GUERIN, ESQ. Florida Bar No. 124973 2 SERVICE LIST Attorneys for Village of Te uq esta Davis & Ashton, P.A. 701 Northpoint Parkway, Suite 205 West Palm Beach, FL 33407 Keith W. Davis, Esq.: keithaa,davisashtonlaw.com