HomeMy WebLinkAboutDocumentation_Regular_Tab 09A_1/10/2002AN11,41AAGE OF TEQUESTA ff •
DEPARIMENT OF COA/B1UNTI'Y DFV'aOPNflWf
Post Office Box 3273
250 Tequesta Drive • Suite 305
Tequesta, Florida 33469-0273
(561) 575-6220 • Fax: (561) 575-6224
MEMORANDUM
TO: Michael Couzzo, Village Manager
FROM: Jeffery C. Newell, Director of Community Development
DATE: December 27, 2001
SUBJECT: Quasi -Judicial Public Hearing for Variance Request
Brian J. O'Connor, Applicant
27 Live Oak Circle / Lot 44, Tequesta Oaks Subdivision
Variance to Code of Ordinances Sec. X (A)(8) Floor elevation above sea level.
Attached is a packet for the above referenced Public Hearing, which has been advertised for the
January 10, 2002, Village Council meeting. Please place this on the agenda of this meeting for
consideration by Council.
✓ The applicant is seeking a variance to Section X, Supplemental Regulations, Subsection
(A), General Provisions, Paragraph (8), Floor elevation above sea level.
✓ The applicant has an existing screen room, which he would like to enclose with impact
glass windows for additional living area.
✓ The Code requires that all new construction, additions, and substantial improvements to
existing structures meet a minimum finish floor elevation of 8.5' MSL or 18" above the
crown of the road, cul-de-sac or highway or meet the requirements of Section XV, Flood
Hazard Areas, whichever is more stringent.
✓ The crown of road elevation is 21.09' MSL.
✓ The finish first floor elevation of the existing town house is 22.10' MSL.
✓ By Code, the required minimum finish floor elevation should be 22.59' MSL, or
approximately 6" higher than the existing town house first floor.
✓ The applicant's request is to allow his existing screen room to be converted to living area
with the floor elevation matching that of the existing town house.
Staff recommends approval.
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VILLAGE OF TEQUESTA
DEPARTNIDVI' OF CON2 tUNTIY DEVELOPMENT
Post Office Box 3273
250 Tequesta Drive • Suite 305
Tequesta, Florida 33469-0273
(561) 575-6220 • Fax: (561) 575-6224
NAME OF APPLICANT: .J „j Cf
APPLICATION FOR VARIANCE
MAILING ADDRESS: / ? 7 IV. 1, S , 1-4 t,y % �% Cy cJ r= 5- I A
PHONE NUMBER: (HOME) (BUSINESS)
LOT/PARCEL ADDRESS: /v C (jam & Cl/ZC L F_ r
lJ el�.5 ? 4 FZ 3 3 yG r
LOT: 1" BLOCK: _ N A SUBDIVISION: \ E ST nak S
PROPERTY CONTROL NUMBER:
NATURE OF VARIANCE:
IUSTIFICATION OF VARIANCE: PLEASE ADDRESS THE SIX CRITERIA OF THE ZONING CODE SECTION XIII
(E)(1)(b) 1-6 WHICH ARE LISTED ON THE BACK PAGE OF THIS APPLICATION. IF YOUR VARIANCE
REQUEST IS RELATED TO THE PUBLIC WATERS OF THE STATE OF FLORIDA, COMPRISING THE
LOXAHATCHEE RIVER AND THE INTRACOASTAL WATERWAY INCLUDING ALL CREEKS, CANALS OR
TRIBUTARIES THEREWITH, YOU MUST ALSO ADDRESS THE TEN CRITERIA LISTED IN THE ATTACHED
ZONING CODE SECTION XVI (G) (2) a-j.:
NOTE: APPLICANT SHALL INCLUDE THE FOLLOWING ITEMS WITH THIS APPLICATION:
1. CURRENT SURVEY OF PROPERTY SHOWING ALL STRUCTURES & SETBACKS.
2. DRAWINGS TO SCALE OF PROPOSED IMPROVEMENTS.
3. WRITTEN APPROVAL FROM PROPERTY OWNER, IF OTHER THAN APPLICANT.
4. ANY OTHER DOCUMENTATION PERTINENT TO THIS APPLICATION.
5. COPIES OF ALL SUBMITTALS AS FOLLOWS:
BOARD OF ADJUSTMENT VARIANCE REQUEST- 15
VILLAGE COUNCIL VARIANCE REQUEST- 23
6. APPLICATION FEE OF: A) SINGLE FAMILY - $ 300.00
B) DUPLEX - $ 500.00
C) MULTIPLE FAMILY - $ 750.00
D) COMMERCIAL - $1, 0 0 0. 0 0
d�
APPLICANT SIGNATURE: DATE:
(E) Powers and Duties -Of the Board of Adjustment qn4 the Village
Council.
(1)'he board of adjtstsnent and the village council shad have
the following powers in regard to appeals and variances within
their jwisdiction as defined under subsection (A) of this ordi-
name:
(a) 3b hear and decide appeals where it is alleged there is error
in any order, requirement, decision or .determination made
by an administrative Official in the enforcement of this
section or of any ordinance adopted pursuant thereto.
(b) To authorize upon appeal in specific cases such variance
from the ;terms of the ordinance as will not be coantrary to
the public interest, where; owing to special conditions, a
literal enforcement of the provisions of the ordinance will
result in unnecessary hardship. The power to grant any
such variance shall be limited by and contingent upon a
finding by the board or council:
1. That 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;
2. That the special conditions and. circumstances do not
result from the actions of the applicant; .
3_ That granting the variance requested will not confer
on the applicant any special privilege that is denied by
this ordinance to other lands, buildings or structures
in the same zoningdistrict;
4. That literal interpretation of the .provisions of the
ordinance would deprive the applicant of rights com-
monly enjoyed by other,properties in the same zoning
district under the terms of .the ordinance and would
work unnecessary and undue hardship on the appli-
cant
5. That the variance granted is the minimum variance
that will make possible the reasonable use of the land,
building or structure;
6. That the grant of the variance will be in harmony with
the general intent and purpose of the ordinance and
that such variance will not be injurious to the. area
,--. involved or otherwise detrimental to the public wel-
fare.
,r'N,
Response to Justification of Variance
1) That 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:
(a) At the time of construction, the Village of Tequesta accepted the finish floor
elevations. These elevations did not meet the code requirements of eighteen inches
above the crown of the road.
(b) This did not become evident until I enclosed my rear patio and wanted to bring the
floor level to the same level of the main floor.
(c) The building department did not allow this to occur, due to, the code requirement. In
order to meet the code requirement, the patio floor would rise above the main floor by
six inches.
(d) I have eyesight limitations and my walking is impaired. The elevated floor creates a
hazard for me.
I am of the opinion, that if the Village of Tequesta would have accepted the floor elevations at the proper
height above the road, I would have been able to move forward with my project. This was a construction
error on the part of the building department.
2) That the special conditions and circumstances do not result from the actions of the applicant:
(a) The error was on the part of the building department for accepting the incorrect floor
elevation during the construction phase.
3) That granting the variance requested will not confer on the applicant any special privilege that is
denied by this ordinance to other lands, buildings or structures in the same zoning district:
(a) No special privilege will be conferred upon the applicant.
4) That literal interpretation of the provisions of the ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of the ordinance
and would work unnecessary and undue hardship on the applicant:
(a) Yes, the applicant is being denied the ability to level his patio floor with the main floor
by the error of the Village of Tequesta accepting an incorrect floor elevation. If the
building department had enforced the code requirement I would have been able to
continue with my construction project.
5) That the variance granted is the minimum variance that will make possible the reasonable use of the
land, building or structure:
(a) Yes, this would be a correction of an error on the part of the building department.
6) That the grant of the variance will be in harmony with the general intent and purpose of the ordinance
and that such variance will not be injurious to the area involved or other wise detrimental to the public
welfare:
(a) The granting of the variance will not be injurious to both the zoning and the public
welfare.
Mr. B� . O'Connor
NE -
H. TIE-IN SURVEY AND LMING AREA
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PROPERTY ADDRESS:
27 LIVE OAK CjnE
TEOUESTA. FZORIDA 33469
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SAMPLE
GENERAL RELEASE AND HOLD HARMLESS AGREEMENT
WHEREAS, the Board of Adjustment of the Village of
Tequesta, at the regularly scheduled meeting on ,
conditionally approved a Flood Insurance Variance #
authorizing construction of ,
to be located at ,
Palm Beach, Florida, and
WHEREAS, said variance would allow the
of such new construction to be placed at elevation
feet above mean sea level instead of elevation
mean sea level as required, and
floor elevation
8.50 feet above
WHEREAS, the condition of said approval imposed by the
Board of Adjustment requires the property owner to enter into a
hold harmless agreement with the Village indemnifying the Village
in the event of damage to the building as a result of flooding.
NOW, THEREFORE, it is agreed as follows:
1. This General Release and Hold Harmless Agreement is
given to the Village of Tequesta (hereinafter referred to as the
"Village") by , (hereinafter
referred to as the "Owner", his representatives, heirs, successors
and assigns) in consideration for the Village granting the above
referenced variance to Owner. This variance refers to the
property located at ,
Tequesta, Florida, and more particularly described as follows:
2. The Owner hereby remises, releases, acquits,
satisfies and forever discharges the Village of and from, all and
any manner of action or actions, cause and causes of action,
reckonings, controversies, damages, judgments, executions, claims
and demands whatsoever in law or in equity, which the Owner ever
had, now had, or any personal representative, successor, heir or
assign of the Owner, hereinafter, can, shall, or may have against
the Village, for upon, or by reason of any cause arising out of or
in the event of damage to the building as a result of flooding due
to the fact that the elevation of said building be at feet
instead of 8.50 feet. This agreement shall run with the land.
IN WITNESS WHEREOF, the undersigned has caused these
presents to be executed as of the day of ,
199
Signed, sealed and delivered
in the presence of: "OWNER"
STATE OF FLORIDA >
__-- > ss.
Sec. XIII TEQUESTA CODE Sec. XIII
SECTION XIM APPEALS AND VARIANCES, BOARD OF
ADJUSTMENT AND VMI.AGE COUNCIL
(A) Appeals and Variances. Appeals and variances described
herein shall be considered by either the board of adjustment or
the village council_ The board of adjustment shall consider
appeals and variances relating to single-family properties and
structures located within the R-1-A and R-1 Single -Family Dwell-
ing Districts of the village. The village council shall consider
appeals and variances relating to all other properties not within
the jurisdiction of the board of adjustment, including properties
within the R-1-A and R-1 Single -Family Dwelling Districts which
are not single-family, structures _and properties in all other zoning
districts to the village, and appeals and variances relating to
subdivisions in any zoning district.
(B) Board of Adjustment.
(1) A board of .adjustment is hereby established, which shall
perform its. duties. as provided by lawn in such a way that the
objectives of this ordinance shall be observed, public, health,
safety, and welfare secured,' and substantial justice done.
(2) The board of adjustment shall consist of five (5) regular
members appointed by the village council and who shall serve
without compensation and for a term of three (3) years. In
addition to the regular board members, two (2) additional mem-
bers, to be designated as Alternate #1 and Alternate #2, shall be
appointed to serve in that order at meetings of the board when
necessary on said board as a quorum. In the case of only three (3)
members present, all present shall have to vote in favor of a
variance to make it effective. Alternate members shall serve for
two (2) years, but of the first appointed alternate members, one
(1) shall serve for one (1) year, and one (1) shall serve for two- (2)
years. Thereafter, alternate members shall be appointed for
two-year terms.
(3) Vacancies in the board membership by resignation, illness
or other causes shall be filled by the village council for the
unexpired term of the member involved: Members of the board of
adjustment may be removed from office by the village council
upon written charges and after public hearing. The board shall
Supp. No. 25 1208.6
Sec, )an APPENDIX A —ZONING Sec. XIII
select its own chairman and vice-chairman annually at the first
meeting of the calendar year. The building official or his desig-
nated representative shall serve as clerk and advisor to the board.
(4) All members of the board of adjustment shall be qualified
electors of the village.
(5) The board of adjustment shall adopt rules of procedure for
the conduct of its business, consistent with the provisions of this
ordinance. Meetings of the board shall be held at the call. of the
chairman, and at such time as the board may determine. Such
chairman, or in his absence, the vice-chairman or acting chair-
man, may administer oaths and compel the attendance of wit-
nesses. All meetings of the board and its files or records shall be
open to the public.
(6) . The board of adjustment shall also keep minutes of its
proceedings, showing the vote of each member upon each ques-
tion, or, if, absent, indicating such fact, and shall keep records of
its examinations and other official actions, all of which shall be
immediately filed in the office of the board and shall be a public
record.
(C) Appeals, Hearing, Notice.
(1) Appeals to the board of adjustment or the village council
may be taken by any person aggrieved or by any officer, ` or
bureau, or department of the governing body of the village
affected by any decision of the administrative officer charged with
enforcement of that portion of the zoning ordinance relating to
the powers and duties of the board of adjustment or the village
council. Such appeal shall be taken within a reasonable time as
provided by the rules of the board or the council, by filing with the
clerk of the board or the council a notice of appeal specifying the
grounds thereof. The officer from whom the appeal is taken shall
forthwith transmit to the board or the council all of the papers
constituting the record upon which the action was taken.
(2) The board or the council shall fax a reasonable time for the
hearing of the appeal, give public notice thereof, by sending notice
through regular mail to property owners of record within a
} three -hundred -foot radius of the outermost perimeter of the
Supp. No. 25 1209
Sec. XIII TEQUESTA CODE Sec. XIII
subject property and by publication in a newspaper of general
circulation within the community, as well as due notice to the
parties in interest, and decide the same within a reasonable time.
Upon the hearing, any party may appear in person, by agent or by
(3) In any matter brought before the board or the council and
upon which it is required to make a decision, the parties in
interest shall be given notice by mail of the time, place and
subject matter of :the hearing. For this purpose, the owner. of the
property shall be deemed to be the person shown on the current
tart assessment roll as being the owner, and such notice shall be
sent to the address given on such assessment roll for that person-
(D) Stay of Proceedings.
(1) An appeal stays all proceedings in furtherance of the action
appealed from, unless the officer from whom the .appeal is taken
certifies to :the board of adjustine or the village a uncil afier he
notice of appeal shall have been filed with him; that by reason of
facts stated in .the certificate a stay would, in his opinion, cause
imminent peril to life and property. In such casee
e, procdings
shall not be .stayed otherwise than by a restraining order which
MOLY be .granted by the board _or the council or by a court of record
on application, .on notice to the dicer from w,hoea the appeal is
taken and :Qn die cause show.
(E) Powers and Pst es pf the OOW4 of Adjustment and the 'Uage
Council.
(1) The .board of ,adjustment and the village council shall have
the ,following powers in regard to appeals amd variances within
their jurisdiction as .deF.in4ed under subsection (A) of this ordi-
nance:
(a) To hear and decide appeals where it is alleged there is error
in any order,. requirement, decision or determination made
by an administrative official in the enforcement of this
section or of any ordinance adopted pursuant thereto.
(b) To authorize upon .appeal in specific cases such variance
from the :terms of the ordinance as will not be contrary to
Supp. No. 25 1210
? sec. an APPENDIX A —ZONING sec. MH
the public interest, where; owing to special conditions, a
literal enforcement of the provisions of the ordinance will
result in unnecessary hardship. The power to grant any
such variance shall be limited by and contingent upon a
finding by the board or council:
1. That special conditions and circumstances ezzst 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;
2. That the special. conditions and circumstances do not
result from the actions of the applicant; ,
3. That granting the variance .requested will not confer
on the applicant any special privilege that is denied by
this ordinance to other lands, buildings or structures
in the same zoning district;
4. That literal interpretation of the provisions of the-
6 ajace would deprive the applicant of rights com-
monly enjoyed by other properties in the same zoning
} district under the terms of the ordinance and would
wore unnecessary and undue hardship on the appli-
cant;
5. That the variance granted is the minimum variance
that will make possible the reasonable use of the land,
building or structure;.
6. That the grant of the variance will be in harmony.with
the general intent and purpose of the ordinance and
that such variance will not be injurious to the. area
involved or otherwise detrimental to the public wel-
fake.
(c) In granting. any variance, the. board of adjustment or
village council may prescribe appropriate conditions. and
safeguards in conformity with this section and any ordi-
nance enacted by the village council. Violation of such
conditions and safeguards, when made a part of the terms
under which the variance is granted, shall be deemed a
violation of this ordinance.
(d) In reviewing matters brought before it pursuant to the
provisions of this section, neither the board of adjustment
supp. No. 25
1211
Sec. XIII TEQUESTA CODE Sec. XHI
nor the village council shall exercise authority or jurisdic-
tion over matters which are specifically reserved to other
Officers, boards or agencies of the village. Where site plan
review is necessitated pursuant to the provisions of this
ordinance, no decision of the board of adjustment or the
village council with respect to a variance, or other matter,
pertaining to the property in questions shall obviate the
necessity for. such site plan review. Where a requested
building permit has been withheld by the building official
for want of compliance with applicable laws and ordi-
nances beyond the jurisdiction of the board of adjustment
or the village council, no building permit shall be issued
regardless of any decision of the board or council until the
requirements of said laws and ordinances have been met.
(e) Under no circumstances shall the board of adjustment or
the village council grant a variance to permit . a use not
generally or :by special exception pernuttecd in the zoning
district involved or any use expressly or by implication
prohibited .by the terms of this ordinance ' in the honing
district. No nonconforming use of neighboring lands, struc-
tures,' or buildings in the same zoning district .:and no
permitted use of .lands, structures or buildings in other
zoning districts -.shall. be considered grounds for the autho-
Mation of a variance.
( ) Decisiwns of the Board of Ad, justment or the Ydlage Council. in
exercising the above mentioned powers; the board or tl)e council
may,. in conformity with the provisions of this section,, reverse or
.affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from and may make such
order, requirement, decision or. determination as ought to be
made, and to that end shall have all the powers of the officer from
whom the appeal is taken. The concurring vote of three (3)
members of the board or the council shall be necessary to reverse
any order, requirement, decision or determination of any such
administrative official, or to decide in favor of the applicant on
any matter upon which it is required to pass under any such
ordinance, or to effect .any variation in such ordinance. Any
request denied by the board or the council shall not be resubmit-
ted for a period of ninety (90) days after the date of denial.
Supp. No. 25 1212
sec. iau APPENDIX A—,ZONDiG Sec. XIy
(G) Appeals from the Board of Adjustment or the Village Council.
Any person or persons, jointly or severally, aggrieved by any
decision of the board of adjustment or the village council, or any
taxpayer, or any officer, department, board or division of the
governing body of the village, may present to a circuit court a
petition setting forth that such decision is illegal, in whole or in
part, specifying the grounds of the illegality and such present-
ment shall be. made within thirty (30) days of the filing of the
decision.
(H). 71me Limitation- The board of adjustment or the village
council may prescribe a reasonable time limit within which the
action for which the variance is required shall be begun or
completed or both. However,' if no time limit- is specified by the
board or the council, then the variance shall expire within six (6)
months from the date of grant, unless a building permit based
upon and incorporating the variance is issued within the afore-
said six-month period and construction has begun thereunder. -
(I) Filing Fee.
(1) Upon filing an application to the board of adjustment or the
village council, the applicant shall pay a fee to the -village at the
time of filing of such application. Said fee shall be in an amount
as established, in Chapter 16 of the Village of Tequesta Code of
Ordinances, shall not be reimbursable, and is intended to defray
the coats of administering, processing and reviewing the applica-
tion.
(2) The building official may waive the filing fee when the
applicant seeks a variance to replace an existing screened swim-
ming pool enclosure with a new screened swimming pool enclo-
sure having the same dimensions but a greater height than the
existing screened swimming pool enclosure.
(Ord. No. 503, § 1, 10-12-95)