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Home My WebLink AboutDocumentation_Planning and Zoning_Tab 01_11/19/2020 Agenda Item #1. Planning and Zoning Board STAFF MEMO Meeting: Planning and Zoning Board - Nov 19 2020 Staff Contact: Nilsa Zacarias, Director of Department: Community Development Community Development VAR 6-20: Application from BRYAN C & NOELLE MCGILVRAY requesting a variance from Sec. 78- 284 to install 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. The address of the property is 323 Leigh Road, Tequesta, FL 33469. VAR 6-20: Application from BRYAN C & NOELLE MCGILVRAY requesting a variance from Sec. 78- 284 to install 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. The address of the property is 323 Leigh Road, Tequesta, FL 33469. VAR 6-20 McGilvray Residence Staff Report Page 3of9 Agenda Item #1. - a VILLAGE OF TEQUESTA Department of Community Development Staff Report—Planning and Zoning Board—November 19, 2020 I. Petition No.—VAR 6-20 APPLICANT: BRYAN C& NOELLE MCGILVRAY 323 Leigh Road Tequesta, FL 33477 OWNER: BRYAN C & NOELLE MCGILVRAY REQUEST: Application from BRYAN C& NOELLE MCGILVRAY 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 323 Leigh Road,Tequesta, FL 33469. LOCATION: 323 Leigh Road Tequesta, FL 33469 Location Map p E� I L pI qh Rd 1 Page 4 of 9 Agenda Item #1. Land Use and Zoning EXISTING LAND FUTURE LAND USE ZONING USE SUBJECT Low Density Low Density R-1—Single Family Residential (Max. Residential (Max. g y PROPERTY Dwelling District 5.4 D.0 per Acre) 5.4 D.0 per Acre) II. STAFF ANALYSIS The subject application is located at 323 Leigh Road, in the R-1 Single Family Dwelling District. The homeowner 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. The applicant purchased the subject property in 2017. After the purchase, the property owner removed an existing hedge and replaced it with a lattice fence. During the hedge removal/fence installation, the applicant was cited by the Village of Tequesta's Code Enforcement office, for the installation of a fence without a permit. Iq Alin € rI I f i �1 YY 1 m - now. q MOW- Previous- �f. - Hedges 323 Leigh Road prior to Hedge Removal 2 Page 5of9 Agenda Item #1. r i r I II 1y�� •I •.I. .......... ' •' � I yy �{:jll �e� I�I • i I •J r' lfp. ��. 1u( 'I ri l ff l . 323 Leigh Road after Hedge removal & 6' Lattice Fence fence installation 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 LJ L=J Raw mulk iDr without Sidewalk 3 Page 6of9 Agenda Item #1. The following timeline is based on the information provided by the Applicant: • July 19, 2017-323 Leigh Rd purchased by the present homeowners. • June 2020 - Present homeowners removed overgrown vegetation screening on southeast side of sunroom/South side of front porch and begin replacing with fence screening. • July 2020- Homeowners find Code Ordinance Notice of Violation taped to garage door. • July 2020- Homeowners contacted Code Enforcement. • August 2020 - Homeowners discussed fence plans with Building Inspector. Building Inspector informs homeowners that front covered porch is not building front and therefore fence permit application will require a variance request. • September 2020- Homeowners submit variance application. The below graphic shows the fence and porch screening/railing plan and the 6' lattice fence (Article A) installed in the front of the residence.The applicant has not finished the above plan in entirety and is proposing to install a gate on the east portion of the house as well as railings. 323 L.EiGH ROAD,JUPITER.,FL 33469 LEGEND. —ARTICLE A-FENC:F —ARTICLE 6-SCREENING —ARTICLE C-RAIL.NG m LOT T c� 9�L3�k.Jc M POOL SUNi OON IS SET BACK 14" EXISTING Z EXIS—INN S11NRO0M C7 FENCE 1 4;' 48. �1 'I EXISTING PTAG ry It}C7 f7FG FEG°C1 I � - ARTICLE 3: CLEARANCE 6'LATTICE as PEARQ E BOAT GO} SCREENIW PROPOSED �� GATE I ARTICLE C. PRO11CSLL 4 1° 36"RAILING _ C�''��ERED C0 -FETE 23 -I — °� 2'-6" I DRIVE�'u Y --J, r� EXISTING '-1C COLUMNS � GATE J S71RUCTURE AR]ICLE A: 11 6' ATTICE FENCE 90.00' 4'CONCRETE SIDEWALK CD AS PhALT ROAMYAY LEI H I CLAD 5-T RIUH I-OF-WAY � FETE,AND PORCH SCREENING/RAILING PLAN 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 4 Page 7of9 Agenda Item #1. 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 same 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 November 9, 2020.The legal notice was mailed to property owners within a 300-foot radius of the property. The applicant has installed the subject lattice fence in the front of the residence.The applicant was cited by the Village of Tequesta's Code Enforcement office, for the installation of a fence without a permit. 5 Page 8of9 NI Ip A i ow y ^5 44 r ry f �r ' r ,