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HomeMy WebLinkAboutOrders_Planning and Zoning_11/19/2020_VAR 6-20_Bryan C. and Noelle McGilvrayVILLAGE OF TEQUESTA PLANNING AND ZONING BOARD CASE NO. VAR 6-20 IN RE: Bryan C. & Noelle McGilvray, Owners & Applicants PROPERTY LOCATION: 323 Leigh Road, Tequesta, FL 33469 LEGAL DESCRIPTION: JUPITER IN THE PINES SEC D LOT 6 BLK 36 PARCEL CONTROL NUMBER: 60-43-40-30-04-036-0060 VARIANCE REQUESTED: Variance from Sec. 78-284 to allow the installation a fence forward of the adjacent or nearest 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. 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 78-284, 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-IA 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. 5. The application, all supporting documents, and presentation materials were reviewed by the Planning and Zoning Board at a meeting on November 19, 2020, and as kept on file by the Village, are made a part of this order and are hereby incorporated by Page 1 of 2 reference. 6. Under the Village Code of Ordinances, the Planning and Zoning Board has the right, power and authority to act upon the Applicants' 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 6-20 with reference to the above -described property within the Village of Tequesta, Palm Beach County, Florida, to allow the installation of a fence forward of the adjacent or nearest 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, 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 that the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. 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 November 19, 2020. IT STRi CHAIR Garr By: LORI McWILLIAMS, MMC '> SEAL : irvcoRPORaTE� VILLAGE CLERK • Page 2 of 2 VILLAGE OF TEQUESTA PLANNING AND ZONING BOARD CASE NO. VAR 6-20 IN RE: Bryan C. & Noelle McGilvray, Owners & Applicants PROPERTY LOCATION: 323 Leigh Road, Tequesta, FL 33469 LEGAL DESCRIPTION: JUPITER IN THE PINES SEC D LOT 6 BLK 36 PARCEL CONTROL NUMBER: 604340-30-04-036-0060 VARIANCE REQUESTED: Variance from Sec. 78-284 to allow the installation a fence forward of the adjacent or nearest 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. 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 78-284, Village Code of 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-IA and R l 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. 5. The application, all supporting documents, and presentation materials were reviewed by the Planning and Zoning Board at a meeting on November 19, 2020, and as kept on file by the Village, are made a part of this order and are hereby incorporated by Page 1 of 2 reference. 6. Under the Village Code of Ordinances, the Planning and Zoning Board has the right, power and authority to act upon the Applicants' 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 6-20 with reference to the above -described property within the Village of Tequesta, Palm Beach County, Florida, to allow the installation of a fence forward of the adjacent or nearest 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, 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 that the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. 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 November 19, 2020. By: LORI MbWILLIAMS, MMC VILLAGE CLERK TANET STR, LA[RD CHAIR S/� U, IIVCOR,0 4 L 'D �F4, 19 Page 2 of 2