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HomeMy WebLinkAboutDocumentation_Planning and Zoning_Tab 02_12/16/2021Agenda Item #2. Planning and Zoning Board STAFF MEMO Meeting: Planning and Zoning Board - Dec 16 2021 Staff Contact: Nilsa Zacarias, Director of Department: Community Development Community Development VAR 05-21: Application from DAVID NOBLE & ANDREA CONTE for a variance to install an accessory structure (screen enclosure) with a reduced rear setback onto an existing single-family structure in the R-1 A Zoning District; relief from Sec. 78-143 to allow a rear setback of 0.5 feet where the code requires a minimum of 10 feet for accessory structures. The address of the property is 12 Bunker Place, Tequesta, Florida 33469. VAR 05-21: Application from DAVID NOBLE & ANDREA CONTE for a variance to install an accessory structure (screen enclosure) with a reduced rear setback onto an existing single-family structure in the R-1 A Zoning District; relief from Sec. 78-143 to allow a rear setback of 0.5 feet where the code requires a minimum of 10 feet for accessory structures. The address of the property is 12 Bunker Place, Tequesta, Florida 33469. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443. ATTACHMENTS: d VAR 5-21 - Conte Residence Screen Enclosure Staff Report FULL VARIANCE - iPLAN #3 Page 24 of 74 Agenda Item #2. M �l VILLAGE OF TEQUESTA Department of Community Development Staff Report — Planning and Zoning Board — December 16, 2021 I. Petition No. — VAR 5-21 APPLICANT: David Noble & Andrea Conte 12 Bunker Place Tequesta, FL 33469 OWNER: DAVID NOBLE & ANDREA CONTE REQUEST: Application from DAVID NOBLE & ANDREA CONTE for a variance to install an accessory structure (screen enclosure) with a reduced rear setback onto an existing single-family structure in the R-1A Zoning District; relief from Sec. 78- 143 to allow a rear setback of 0.5 feet where the code requires a minimum of 10 feet for accessory structures. The address of the property is 12 Bunker Place, Tequesta, Florida 33469. LOCATION: 12 Bunker Place Tequesta, FL 33469 6 -- S Location Map Page 25 of 74 Agenda Item #2. Land Use and Zoning EXISTING LAND FUTURE LAND USE ZONING 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. BACKGROUND The subject application is located at 12 Bunker Place. The applicant is requesting a variance to install an accessory structure (screen enclosure) onto an existing single-family structure with a reduced rear setback of 0.5 feet where the code requires a minimum of 10 feet for accessory structures. Per the applicant, "The proposed screen enclosure is to be constructed on the some footprint of the existing concrete pool deck, where the original screen enclosure was located, toward the southerly (rear) property line. Although compliant when originally constructed in 1961, the pool and pool deck are located within the entire ten foot (10') Village setback requirement. Said requirement was brought into existence with the amended Zoning Code in 1977. The property immediately adjacent to the proposed screened pool enclosure is the Tequesta Country Club golf course parcel. The original pool, concrete deck and original screen enclosure were constructed many years ago, before the 1977 Zoning Code amendment that ushered in the rear yard setback. The original screen enclosure was apparently damaged by a prior storm and the previous owners (James and Gisela Odell) left certain remaining undamaged portions of the original screened enclosure in place, as well as the original concrete footers, but they did not replace the entire damaged screen enclosure and, therefore, the pool now remains completely unscreened. Applicant has recently purchased the home and wishes to reside in the home (after making repairs and upgrades) and to replace/reconstruct the screen enclosure of the pool and pool deck on the same footprint as the previous/original screen enclosure, (which, as stated, will be located within the current ten foot (10') setback area adjacent to the common property line with the Tequesta Country Club golf course parcel)." III. STAFF ANALYSIS The subject application is located at 12 Bunker Place, in the R-1A Single Family Dwelling District. The applicants, David Noble & Andrea Conte, are requesting a variance to install an accessory structure (screen enclosure) with a reduced rear setback onto an existing single- family structure in the R-1A Zoning District; relief from Sec. 78-143 to allow a rear setback of 0.5 feet where the code requires a minimum of 10 feet for accessory structures. The applicant has provided site plans, elevations, material specifications, and other associated drawings. The applicant provided an in-depth description of the nature of the variance and historical background, see attached application 2 Page 26 of 74 Agenda Item #2. With regard to setbacks, please see the below site requirements for the R-1A Zoning District. Site 70 Requirementsl District Maximum Front Yard Side Yard Rear Yard Maximum Lot Setback Setback Setback Building Coverage Height 37% 25 ft. 1 10 ft. for main 20 ft. for 2 stories/30 building and main ft. main accessory building or building or Mir building structure structure 20 ft. for any 10 ft. for any 1 story/15 ft. corner lot 2 accessory for any building or accessory structure building or structure The below graphic presents the required setbacks for the subject property. Minimum Landscaped Open Space 30 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 3 Page 27 of 74 Agenda Item #2. 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 some 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 some 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." IV. FINAL REMARKS The notice of hearing was advertised in the Palm Beach Post on December 6, 2021. The legal notice was mailed to property owners within a 300-foot radius of the property. V. EXISTING CONDITIONS 0 Page 28 of 74 Agenda Item #2. Page 29 of 74 Agenda Item #2. VIL GE 01-i"14EQUESIA C*V IC4Lies �44 FlviiU4 �3 .3 59 DEPARTMENTAL USE ONLY Ck. # ; Fee Paid: ; Intake Date: ; 1 f I } i PROJECT #: i 1 1 1 1 APPLICATION FOR VARIANCE PLANNING & ZONING BOARD (Single Ferny) meeting Date: DEC 15, 2021 VILLAGE COUNCIL Meeting Date: N/A PROJECT NAME: SCREEN ENCLOSURE VARIANCE PROJECT ADDRESS:12 BUNKER PLACE, TEQUESTA, FLORIDA 33469 Applicant Name: ANDREA CONTE & DAVID NOBLE Applicant Address:12 BUNKER PLACE, TEQUESTA, FLORIDA 33469 Applicant Phone No.: I Fax No.: Cell Phone No.: 551-319--4452 E-mail Address: andrea.conte.actress 9gmaiI C( Provide written approval from the property owner, if other than the applicant. Property Owner's Name: N/A A!�%,�a�. Cor.'�t C4 Property Owner's Address: tt� ot•iJ.A e­ to., f e.,0 Property Owner's Phone No.S(L 16 Fax No.: E-mail Address: NATURE OF VARIANCE: APPLICANT SEEKING A REAR SETBACK VARIANCE OF 9.5' FROM THE SOUTH SIGNATURE OF APPLICANT: NOTE: APPLICANT SHALL INCLUDE THE FOLLOWING ITEMS WITH THIS APPLICATION: DATE: NOVEMBER 16, 2021 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. 5) List and map of all property owners within 300' radius of the outermost perimeter of subject property, obtained from PBC Property Appraisers Office. Labels of each property owner must be affixed to stamped self-adhesive envelopes with a Village of Tequesta return address label. 5) 15 Copies of all submittal documents. 7) Application Fee of: A) Single Family: $ 300.00 C) Multiple Family $ 1000.00 B} Duplex: $ 700-00 Dj 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 30 of 74 Agenda Item #2. JUSTIFICATION of VARIANCE: 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 (Tillage, you must also address the ten criteria listed in the 5ec.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. SEE ATTACHED 2 The special conditions and circumstances do not result from the actions of the applicant. SEE ATTACHED 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. SEE ATTACHED 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. SEE ATTACHED 6 The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. SEE ATTACHED 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. SEE ATTACHED Page 31 of 74 Agenda Item #2. Sec. 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 ch�er78, 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 than 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. NIA (2) No hazardous condition would be created. NIA (3) The flow of water would not be impeded or interfered with. NIA (4) No obstruction to navigation would occur. NIA (5) It would not. interfere. with traditional public uses of the waterway including,. but. not Eimited to, swimming,- fishing, or boating. NIA (6) it would not create an appreciable obstruction of waterway views or otherwise detract from aesthetic values. NIA (7) It would not appreciably disrupt, interfere with, or disturb marine or benthic life. NIA (8) It would not contribute to the pollution of the waterway or the degradation of its condition. NIA (9) It would not interfere with the lawful rights of riparian owners. NIA (10) It would be consistent with any other applicable laws, rules or plans. NIA 3 Page 32 of 74 Agenda Item #2. W14M Vill of Tequesta Department of Community Development Attwo, P1 * ng and Zoning Board amI 345 Tequesta Drive. Tequesta, FL 33469 Dear Sir/Madan, This letter is to confinn that Tequesta Country Club is aware that David and Andrea Noble, owners, and recent purchasers of the home located at 12 Bunker Place. M ., Village of Tequesta (Lot 303), are " the process of filing or, have filed an application for van"ance nth the Village of Tequesta in order to pennit them to install a screened pool/patio enclosure on the sane footprint as their existing pool deck and swimming pool.. Tequesta Country Club is already aware from the survey obtained by Mr. and Mrs. Noble (Negen Surveying, LLC -; � Order No. 134025) as well as the survey obtained by TequesU Country Club from Dailey & Associates, Inc. in 2006, Order No. 06-049 (copy enclosed) that the existing pool and concrete pool deck are already located within the existing 10 foot setback area adjacent to hole number I I of the Tequesta Country Club golf course. As the property owner which is directly adjacent to the setback area. in question (see enclosed photo of aerial survey), Tequesta Country Club has no objection to the granting of a variance and * t in order to allow Mr. and Mrs. Noble to construct the proposed screened pool enclosure on the same footprint as the existing concrete pool deck. This area of the golf course property, which is adjwent to Lot 303, is in an isolated wooded area of the golf course property, which is a S1901cant distance from the actual fairway, cart path and play area of the golf course. So long as the proposed screen enclosure is constructed up to and within the property line of Lot 303, adjacent to this described area of the golf course, there would be no negative impact on the Tequesta Country Club golf course property and, in fact, this area cannot even be seen from the play areas of the golf course. Moreover, in reviewmg the 2006 Daily & Assoeiates aefial sUrveY. it would appear that a number of other residential properties, within the same block of homes, seem to have already constructed screen enclosures or other improvements within 10 feet of the common property line with the Tequesta Country Club golf course property. Accordingly, as the ad * acent property owner, Tequesta Country Club has no objection to the allowing of a variance to construct the proposed pool screen enclosure. Sincerely MatthewK. Kuntz Secretary 201 Country Club Dr--W, Tequesta, FL 33469 (561) 746 4501 - Fax (561) 745-0250 - www.f,equf-,stacountryclub.net Page 33 of 74 Agenda Item #2. 1 PLAN & DESIGN 12 Bunker Place, Tequesta, Florida SETBACK VARIANCE JUSTIFICATION STATEMENT UPDATED NOVEMBER 15, 2021 NATURE OF VARIANCE 12 Bunker Place, Tequesta, FL Variance Request 11-16-2021 Requesting proposed pool screen enclosure for the existing pool and concrete pool deck. The proposed screen enclosure is to be constructed on the same footprint of the existing concrete pool deck, where the original screen enclosure was located, toward the southerly (rear) property line. Although compliant when originally constructed in 1961, the pool and pool deck are located within the entire ten -foot (10') Village setback requirement. Said requirement was brought into existence with the amended Zoning Code in 1977. The property immediately adjacent to the proposed screened pool enclosure is the Tequesta Country Club golf course parcel. The original pool, concrete deck and original screen enclosure were constructed many years ago, before the 1977 Zoning Code amendment that ushered in the rear yard setback. The original screen enclosure was apparently damaged by a prior storm and the previous owners (James and Gisela Odell) left certain remaining undamaged portions of the original screened enclosure in place, as well as the original concrete footers, but they did not replace the entire damaged screen enclosure and, therefore, the pool now remains completely unscreened. Applicant has recently purchased the home and 823 N. Olive Avenue . West Palm Beach, Florida . 33401 . Ph 561.797.4217 . bcheguis@gmail.com Page Page 34 of 74 Agenda Item #2. 1 PLAN & DESIGN 12 Bunker Place, Tequesta, FL Variance Request 11-16-2021 wishes to reside in the home (after making repairs and upgrades) and to replace/reconstruct the screen enclosure of the pool and pool deck on the same footprint as the previous/original screen enclosure, (which, as stated, will be located within the current ten foot (10') setback area adjacent to the common property line with the Tequesta Country Club golf course parcel). JUSTIFICATION OF VARIANCE Per Zoning Code Section 78-65(2)a-f. the following justifications are provided in support of the request for a rear setback variance of +/-9.5' from Zoning Code Section 78-143 —Schedule of site requirements. 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 building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The subject parcel is zoned single family residential and the existing pool and concrete pool deck have been located entirely within the current ten -foot (10') setback since their original construction (many years ago and prior to current requirements). More specifically, special circumstances exist with the overall configuration of the site and the non -conforming size of the lot to today's current site development standards. When the Plat of Tequesta was formally approved on December 20, 1956, the only develop restrictions in place for "Residence and Appurtenant Buildings" (as indicated in the Minimum Setback Distances table on page 7 of 15 of the plat) was building setbacks. The Subject lot (LOT #303) fully complied with the setback restrictions from the front street (25 ft.); the side street (20 ft.) and the side and rear lot lines (7.5 ft. and 15 ft.) respectively. No other restrictions were referenced on said plat for other "site -related" improvements such as pools, pool decks or screened pool enclosures. Numerous examples exist throughout the various neighborhoods of pools, pool decks and pool enclosures being constructed in close proximity to the rear and side yards of these original residences. Further, Lot #303 was laid out with a minor encroachment into the northeast corner of the lot by the terminating cul-de-sac for Bunker Place. Subsequently, the existing residence as designed, programmed, and constructed in 1961 on that specific lot was required to be pushed south in order to meet the required setback from the front and side streets respectively. Due to the additional shift south of the principal residence the rear yard was reduced to 24.9 ft. in width. At that time and with no additional restrictions on site elements, a standard pool and pool deck were constructed in the remaining space available and in compliance with the regulations of that time. In 1977, when the Village adopted the updated property development regulations, many existing developed residential properties throughout Tequesta Country Club became non -compliant with the introduction of new/increased setback standards. Any and all new development that commenced in the Village after the adoption of the 1977 code change would have been designed; programmed and constructed to adhere to these amended standards. The back yard and swimming pool face south and border a wooded, non - play area of the golf course parcel of Tequesta Country Club. It should be noted that the Plat of Tequesta Minimum Setback Distances table further reduces setbacks to 5 ft. "...when [the] lot backs on a natural obstacle". In this instance the golf course is a Recreational use, which may not be applicable to this reduced setback allowance, however in this specific instance the location of Lot #303 to a wooded portion of the adjacent Golf Course use. This condition further minimizes off - site impacts for the adjacent/impacted propertyto the south. Until apparently destroyed by a prior hurricane years ago, the existing pool and concrete deck area were also enclosed by a screen enclosure. The southerly portion of the existing pool is located less than ten feet (10') from the 823 N. Olive Avenue . West Palm Beach, Florida . 33401 . Ph 561.797.4217 . bcheguis@gmail.com Page Page 35 Of 74 Agenda Item #2. 1 PLAN & DESIGN 12 Bunker Place, Tequesta, FL Variance Request 11-16-2021 (non-residential ) property line of the Tequesta Country Club golf course parcel and the pool deck is located on the property line. There still remain certain sections and portions of the prior screened pool enclosure and concrete footers located on the subject property, which were not taken down or removed by the previous owner. The proposed ne screen enclosure would be located on the same existing footprint of the pool deck, and therefore, by necessity, within the current ten -foot (10') setback requirement. The Applicant is not seeking to increase the non- conformity. The Applicant intends to construct a new screened enclosure in the same location and configuration that was fully conforming prior to the 1977 code amendment and which can meet the historic lot and building configuration and programming for this lot (Lot #303). A new structure could NOT be constructed today, (with the existing building placement and site improvements in place) that would be able to meet the 1977 amended property development regulations. A variance to the amended code is required to re-establish the previously approved and historic pattern of development. This proposed setback encroachment would not interfere with the view of the adjacent golf course property or other rights of other adjacent/neighboring homes to the east or west. Moreover, since the applicant's back yard faces a thickly wooded area of the golf course parcel, there are no adjacent residence so the south (rear) of the subject parcel which would be adjacent to the proposed pool screen enclosure or otherwise impacted or prejudiced by the proposed pool screen structure within the setback. Moreover, other residential parcels located within the same block of the subject property and throughout Tequesta Country Club, appear to have similar encroachments of their screened pool enclosures located within the ten -foot (10') setback area, adjacent to the golf course property (see attached aerial photographic survey of the area in question). As in the case with the subject property, adjacent to the golf course. There are no adjoining residential parcels which would be negatively affected by the proposed screened pool enclosure. Tequesta Country Club has also indicated that it has no objection to the construction of the requested screen enclosure within the setback and is willing to sign a waiver to that effect. The owner/applicant also has a diagnosed medical allergy to mosquito bites, which would render the pool patio area of the subject property unusable and a health hazard to applicant, without the proposed screened pool enclosure. 9 2%. E o f rr r n.rvmem r 'f' 57� RPT{'`�'' 1 N'v..- 1_ a-: rr14 Swidrrr& Glli,�dw#+c� ti.1°ice Bu la rrw# mwt Lino 2S EulldffM b Bpdm S+mW Lint i • a- i Ld rr4 h; .,hi4aa*iif Lid Line rk �Lu_ 4� — -A--J. l �y — a br bqp Wnk 6 w.V LT '_Ire- '1 Fsme. 'r i rl r*r i bra L b; 5 fr F R �•I r.! kii ui i dr*�°w Farw.rr�li-a•15-A1- Cslh+.y I�s,W &deX d Jllrle 20,15Ua ,:br reiru Rm er 1� R,!'e.rp u +rrc _-UFUS La 1 r + r .1C �. 1 r _ y r � rr ---ice I. a 16t�y �_ FS " Fop ir r,1� 17 Seb 823 N. Olive Avenue . West Palm Beach, Florida . 33401 . Ph 561.797.4217 . bcheguis@gmail.com Page Page 36 of 74 Agenda Item #2. PLAN & DESIGN 12 Bunker Place, Tequesta, FL Variance Request 11-16-2021 -�N DISC GUM _- - f ,i i— � :— �u � � Lam' ' •d', ��r _', ■TV ■ ♦ I I '' rAP LP ti I , li ti r ♦ 1 ■ ■ !' I ♦ ■ i , ram' a 16 . . e ♦ N - ■ 04 7. r • • ' ~ r� •ti +i 2-6 _ I_ L0 cCNe ••�.• ,•�1• . - _'. •� CZ rr C)UN ID too I ♦ 1 r I LQ FQD LENGTw 3AD I U C r I 9.0c., 1. .. I. I l ♦♦• ♦,� In compliance with existing Code at the time of initial construction Out of compliance with existing Code as of 1977 823 N. Olive Avenue . West Palm Beach, Florida . 33401 . Ph 561.797.4217 . bcheguis@gmail.com Page Page 37 Of 74 Agenda Item #2. 1 PLAN & DESIGN 12 Bunker Place, Tequesta, FL Variance Request 11-16-2021 2. The special conditions and circumstances do not result from the actions of the applicant. The applicant purchased the subject property on May 13, 2021, and has no involvement with the location of the existing pool, pool deck, or the footers and other portions of the former screened in pool enclosure which, as noted above, was previously damaged by a hurricane and partially removed by the previous owners. Portions of the previous screened pool enclosure and concrete footers still remain in place, and which are still located within the ten -foot (10') setback adjacent to the golf course property. As stated above, lot #303 was created with an encroachment in the northeast corner by way of the cul-de-sac at the terminus of Bunker Place. The subsequent design and layout of the principal residence established the current location of the existing pool and pool deck, enclosure footings and former pool deck enclosure. Those existing site elements (with the exception of the screened enclosure) exist in the same configuration and locations as originally constructed. In order for the applicant to construct a screen enclosure over the existing pool and pool deck, setback relief will be necessary to meet the historic development conditions, which have existed for over sixty (60) years (since construction in 1961). The 1977 update to the property development regulations created the non -conformity to the screened enclosure that for up to at least seven (7) years existed in compliance with the applicable code under which it was constructed (see historic Palm Beach County aerials herein). 823 N. Olive Avenue . West Palm Beach, Florida . 33401 . Ph 561.797.4217 . bcheguis@gmail.com Page Page 38 Of 74 Agenda Item #2. 1 PLAN & DESIGN 12 Bunker Place, Tequesta, FL Variance Request 11-16-2021 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. As noted above, the back yard of the subject property is facing a densely wooded and vegetation area of the non-residential Tequesta Country Club golf course parcel. No adjacent residential parcels would be adversely affected by the re -construction of a screened in pool enclosure on the subject property within the setback area and on the footprint of the prior screen enclosure. Tequesta Country Club, as the adjacent owner would be most affected by the setback requirements and has stated that it does not object to the construction of the pool enclosure within the ten foot (10') rear setback area, since the pool and concrete deck is also already located within the setback. Further, other properties located within the same zoning district and within the Tequesta Country Club have been constructed prior to the adoption of the 1977 property development code amendment and have similarly been made non -compliant with said code change. As the Applicant is seeking to maintain the historic location, size and orientation of the requested screened enclosure, no increase in the current non -conformity is being requested, rather a maintaining or re-establishment of the original approved compliant structure is being sought. The historic footers that supported the original structure will be used for the base of the proposed new structure as presented below. _ Cy -.4k 4. - 1 LS • Y 7t; ei 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. 823 N. Olive Avenue • West Palm Beach, Florida • 33401 • Ph 561.797.4217 • bcheguis@gmail.com Page Page 39 of 74 4. - 1 LS • Y 7t; ei 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. 823 N. Olive Avenue • West Palm Beach, Florida • 33401 • Ph 561.797.4217 • bcheguis@gmail.com Page Page 39 of 74 Agenda Item #2. 1 PLAN & DESIGN 12 Bunker Place, Tequesta, FL Variance Request 11-16-2021 A number of other residential lots within the same block have pool and screened enclosure structures which also appear from the aerial survey, to be located within the setback areas of their respective properties, (i.e., less than ten feet (10') from the Tequesta Country Club golf course property line). As noted, Tequesta Country Club has no objection to the applicant's screen enclosure being constructed within the ten -foot (10') setback area because it does not adversely affect the play on the golf course or otherwise obstruct the view from the golf course. Further, literal interpretation of the current code would preclude the ability of the applicant to construct a screened enclosure that would effectively cover the existing pool and pool deck that have existed in their current configuration prior to the adoption of the 1977 zoning code that created the non- conformity that exists today. Many neighboring properties possess the same enclosures today that existed prior to the 1977 code amendment which further supports the Applicant's request to re- establish said structure in compliance with the original development code. 5. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. If the variance is not granted, no screened pool enclosure could be erected on the subject property since the pool, itself (constructed many years ago, in and around 1970) is also located partially within the ten -foot (10') setback area. All new footers would go into the same location as the original ones, subject to upgrades required by the Code. Further, the applicant is not seeking to increase the non -conformity, rather to re-establish a screen enclosure that existed for up to 16 years prior to the development of the 1977 zoning code that created the non -conformity of said structure. The existing footers that were poured to support the screened enclosure remain in place as they were originally constructed after 1968 and will be used and/or structurally enhanced to re- establish the same sized, oriented and positioned enclosure that existed on this property prior to 1977. As indicated by the Applicant, the necessity of a new screened enclosure for the property is due to a pre-existing medical condition. The Applicant will not be able to reasonably use the pool or pool deck if they are not fully enclosed by a screened enclosure to protect the Applicant from biting insects. 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 wPlfarP As noted, other lots within the subdivision and on the same block have screened in pool enclosures similar to the one proposed by the applicant and which appear to be within ten feet (10') of the property line adjacent to the golf course parcel. Grant of the variance will be in harmony with this chapter of the code as the variance will allow the structure to be re-established (in size, location and configuration) to the development standards that governed it when it was originally constructed in and around 1970. The Applicant is required to seek Variance relief from the 1977 zoning code (and subsequent amendments) for the purpose of constructing a similar screened enclosure over the existing pool and pool deck that have been in existence since 1961. Approval of the variance will allow for the re-establishment of an enclosure that will replicate the original approved structure that was approved, constructed and existed in -compliance for at least seven (7) years prior to the adoption of the 1977 zoning code amendments. The adjacent neighboring 823 N. Olive Avenue . West Palm Beach, Florida . 33401 . Ph 561.797.4217 . bcheguis@gmail.com Page Page 40 of 74 Agenda Item #2. 1 PLAN & DESIGN 12 Bunker Place, Tequesta, FL Variance Request 11-16-2021 property (the Tequesta Country Club) has furnished the Applicant with a letter of no objection for the construction of a screened enclosure on the subject site if constructed "on the same footprint as their existing pool deck and swimming pool." Said support indicates that the re-establishment of such a structure will not be injurious to the most impacted property in the neighborhood. As evidenced from aerial photography provided herein, other lots on Bunker Place and within Tequesta Country Club have been constructed prior to the development of the 1977 zoning code and as such were also taken out of compliance when the zoning code change. Some non - conformities that exist throughout Tequesta Country Club include screened enclosure setbacks, pool setbacks and some building setbacks as well as non -conforming lot area. The variance request is timely, logical and appropriate given the development constraints and history of the site. Palm Beach County Historic Aerials — T40 R42 S26 To further support the historic status of the original screened enclosure historic Palm Beach County Aerials have been provided that clearly indicates the existence of the original screened enclosure prior to the 1977 zoning code change that updated the setbacks and other property development regulations of the Village. As can be discerned in the aerials below, at least seven (7) years prior to the code change the screened enclosure existed on the subject property in the same location as what the Applicant is seeking to re- establish by way of this variance request. Due to the quality of earlier aerials insets have been included clearly showing the shadows or structural lines of the screened enclosure over time. Said original structure existed prior to and for years after the 1977 code change that ushered in increased setback requirements for residential properties within the Village. JAN 22-1968 Aerial of 12 Bunker Place — Residence / Pool / Pool Deck in existence / NO SCREEN ENCLOSURE W 823 N. Olive Avenue . West Palm Beach, Florida . 33401 . Ph 561.797.4217 . bcheguis@gmail.com Page Page 41 of 74 Agenda Item #2. 1 PLAN & DESIGN 12 Bunker Place, Tequesta, FL Variance Request 11-16-2021 OCT 25-1970 Aerial of 12 Bunker Place —Residence/ Poo I/Pool Deck inexistence/ Screen Enclosure exists IN COMPLIANCE (SEE NW SHADOWLINE ON INSET) } j � + i 44_ i DEC. 1973 Aerial of 12 Bunker Place —Residence /Pool /Pool Deck /Screen Enclosure exists IN COMPLIANCE (SEE INSET FOR CLARIFICATION) 823 N. Olive Avenue • West Palm Beach, Florida • 33401 • Ph 561.797.4217 • bcheguis@gmail.com Page Page 42 Of 74 Agenda Item #2. 1 PLAN & DESIGN 12 Bunker Place, Tequesta, FL Variance Request 11-16-2021 NOV. 111 1976, Aerial of 12 Bunker PI. —Residence /Pool /Pool Deck /Screen Enclosure exists IN COMPLIANCE (SEE SHADOWLINE ON INSET) MAY 1987 Aerial of 12 Bunker PI — Residence / Pool / Pool Deck / Screen Enclosure in existence NOW COMPLIANT 823 N. Olive Avenue • West Palm Beach, Florida • 33401 • Ph 561.797.4217 • bcheguis@gmail.com Page 1Page 43 of 74 Agenda Item #2. 1 PLAN & DESIGN 12 Bunker Place, Tequesta, FL Variance Request 11-16-2021 APRIL 1989 Aerial of 12 Bunker PI — Residence / Pool / Pool Deck / Screen Enclosure in existence NOW COMPLIANT OCT 1993 Aerial of 12 Bunker PI. — Residence / Pool / Pool Deck / Screen Enclosure in existence NOW COMPLIANT 823 N. Olive Avenue • West Palm Beach, Florida • 33401 • Ph 561.797.4217 . bcheguis@gmail.com Page IPage 44 of 74 Agenda Item #2. 1 PLAN & DESIGN 12 Bunker Place, Tequesta, FL Variance Request 11-16-2021 MAY 171 1995, Aerial of 12 Bunker PI. — Residence / Pool / Pool Deck / Screen Enclosure in existence NOW COMPLIANT A17 t y y ,-1 ► *gyp • i FEB 201 1999, Aerial of 12 Bunker PI. — Residence / Pool / Pool Deck / Screen Enclosure in existence NOW COMPLIANT _ . P 823 N. Olive Avenue • West Palm Beach, Florida • 33401 • Ph 561.797.4217 • bcheguis@gmail.com Page 1Page 45 of 74 Agenda Item #2. D A\ & DESIGN November 16, 2021 Nilsa Zacarias, AICP Community Development Director Village of Tequesta Phone: 561.768.0457 E-mail: nzacarias@tequesta.org www.teguesta.org RE: Pool Enclosure Variance —12 Bunker Place, Tequesta - Staff Comment Responses Dear N i lsa, Please find below the responses to Staff Comments provided by Staff on 10-19-2021 and for inclusion into the packet for the Planning and Zoning Board. Thank -you in advance for your consideration of the additional information provided herein: REVIEW COMMENTS 1. Provide nature of variance on Page 1 of the application form to include the following: a. Code section in which the applicant is deviating from (Code Sec. 78-143) b. The setback from pool screen enclosure (accessory structure) to property line. c. The type of accessory structure (pool screen enclosure) RESPONSE: Please find herein the updated newly executed variance application page with the requisite information filled in on the "nature of variance" line. 2. Provide a specification sheet for the proposed screen enclosure structure. a. Size and dimensions (provided on previous screen builders sheet, however it is not readable). b. Square footage c. Material d. Examples of screen enclosure, etc... RESPONSE: See attached herein the specification sheets and an example of the appearance of the proposed structure (note: not the exact structure to be constructed on the subject site herein). Overall dimensions /area /materials also provided. 3. Provide a color aerial photo of the subject property RESPONSE: See color photograph of subject site herein. 823 N. OLIVE AVENUE WEST PALM BEACH, FL. 33401 T 561.797.4217 W IPLANANDDESIGN.COM E IPLANADMIN@IPLANANDDESIGN.COM Page 46 of 74 Agenda Item #2. 4. Label the difference in surveys (current survey versus survey provided at closing) RESPONSE: The historic survey has been provided to show the original pool and pool deck location on the property. Clearly the pool and pool deck were constructed to a standard that was less restrictive than those adopted in the 1977 Zoning Code amendment and subsequent amendments. Additional measurement details were not included on the original survey that have since been added to provide more accurate data and measurements as can be conveyed by current surveying technology (CAD drawings / geo-referenced data collection /laser measurements / etc..). Specifically: • Pool deck dimensioned from south property boundary (2021 Survey) • Pool and pool deck fence added to survey (2021 Survey) • Gas Tank in front yard added to survey (2021 Survey) Additional mechanical equipment /generator /sanitary infrastructure referenced on survey (2021 Survey) • De minimus measurement discrepancies between surveys • Modifications to main residence articulated on recent survey (2021 Survey) 5. Indicate on the existing survey the proposed location of the screen enclosure. a. Highlight or outline the proposed location of the screen enclosure on the existing survey. RESPONSE: See survey exhibit included herein outlining the proposed location of the screen enclosure. 6. Provide west setback from property line to the proposed screen enclosure on the existing survey. RESPONSE: See updated Survey Exhibit outlining the proposed west setback from the property line to the proposed screen enclosure. 7. Provide clear labels of photos indicating the existing conditions (page for existing footers, page for "existing section remains of original pool enclosure RESPONSE: See labelled photos page included herein with areas specifically identified for ease of review. Should you require further information, please do not hesitate to contact me directly at 561-797-4217. Authorized by: Brian Cheguis, Principal Planner Page 2 of 2 Page 47 of 74 Agenda Item #2. (if 4w 3 11 4v I Page 48 of 74 Agenda Item #2. Page 49 of 74 Agenda Ite Page 50 of 74 Agenda Item #2. Iry '0 Lk CD 00 Ox Li cl M" MOM-ftdd.Mp--ftOftw 0040 0 di CO 00 7 ZL 00 co LO (D U`l'� 0 0 /' Ft- �A 19 9 LL- 10 0 C-4 Cl ;! > 5 , U. z C14 LU C41- CL- Page 51 of 74 Agenda Item #2. S Page 52 of 74 Agenda Item #2. IiI •t. - r.s 4 1 a} , df A _Alp 1Y (4- � 0 � Q U 0 � V) U O 4-1 cn N U 0 � � U O c 0 Q) O ca � Ln O Ln uU LO 0 0 t�A � 4A LO 0 4-mJ 0 C-) 4-mJ -X N O -X r fi;y j,: , Page 53 of 74 Agenda Item #2. X O � U � t4— Q 0 � O Q) � � U � C6 U � O � . � CT ate-' � � O cn L/) ca c O X �C tip U N 0-0 O 0 � c� 0 � O Q) 0- 0 c- � O � O O � 0 cn Q � 0 E N w -0 O S... cn c Q) Q) sc U) O N � � wL. ca > � O age 54of74 Agenda Item #2. 4. Q) C� U 4--J (.0 E � Q� +� Q) 0 . — O Q) O (1) +� LO V) Q) O O U Q U Q� C Q) U Q Q� • — Q) �, Q) M U Q) Q) O O L.-E v Q (a) L.-O v— O I (J) or_ cn M 0 All 0 Page 55 of 74 Agenda Item #2. TEQuEsTA COUNTRY CLUB ��zt�nab�r 21, 2021 Village of Tequesta Department of Community rat f: Planning and Zr*rig. Bow 345 Tequesta Dfive Tequesta, FL 33469 Dom` Sir/Madam, This lefter is to confinn that Tequeft Count Club is aware that David and Andrea Noble, owners, and recent purchasers of the, home located at 12 Bier Place, Vallage of Tequesta(Lot 3o � am iprocess of filing or, have filed an application forvariance with the Village of Teq Wi. t . rdot permit. them t install0 screenedpool/patio encloses o the smi footprint as their �tl pool deck mid swimming pool*+ Tequesta Country Club 's already aware from the survey obtained by Mr. and 1** Noble (Nexgen Surveying, L1.oQ -... order No,, 34 as well as the survey obtained y Tequesta Count Club from Dailey AssociateS7 Inc, in 2006, Order No, o -04(copy enclosed) that the existing pool and concrete pool deck are already located within the existing 10 foot setback area adjacent to hole number I I of the Tequesta Count Club golf oourse. As the propel owner which directly adjacent to the setback area in question (see enclosed photo of acl survey), Tequesta Count Club has no objec6ono the granting of a variance and permit in order t allow Mr, and Mrs. Noble to construct the proposed screened pool enclosure on the same footprint as the existing concrete pool decL This area of the golf coursepropel, which adjacent to Lot 303, ', . an isolated Brooded area of the golf course property, which is a significant disco from the actW fairway, cat path. and play area of the golf comae.. So long as the proposed screen enclosure is constructed u to and within the proper I o Lot , adjacent to this described � the golf course, there would be no negative impact on the Tequesta Country Club golf course property and, in fact, this area cannot even be seen fivm the play areas of the golf course. Momover, in ' wing the 2006 Dwfly & Associates aerial rMe urveyit would appear that number other residential off, Within the same block of homes, seem to have. already constructed scrmn onolosuresr other ftnprovemcMs within 10 feet of the common propel line with the Tequesta Count Club golf comse property. AWIDIrdinglY, as the adig0ent PrOPOTtY Owner, ewqCunt Club has no objection to tho allowing of a it to construct the proposed pool screen enclosure. Sincerely Matthew K. Kimtz - 201 try Club Drive, Irequesta, FL 33469 Page 56 of 74 Agenda Item #2. 09 tril PLAT OF TE OF ETA IN GOVT. LOTS 1,2,3 &G, SEC. 26,TWP.40S.,RGE.42E- AND GOVT LOT 1, SEC. 35,TWP 40 S., RGE. 42 E. PALM BEACH COUNTY, FLORIDA IN 9 SHEETS SHEET NO. I MARTIN COUNTY2S on Wage t c- 5 Gout. Lot 7 -r (NO+ Included) .1 Govt. Lot -NOTE— There shall be no buildings or other structures placed on utility easements. There shall be no buildings or any kind of construction, or trees or shrubs 0 N E 1/4 placed on drainage easements. sov+ All Easements are for Public Utilities, unless otherwise noted. Lot 2 t:11 ZA ; - ? Pl� 5 Anchor Easements for Utility Poles shown thus: 1 FrL 2yv MINIMUM SETBACK DISTANCES Street intersections are rounded with a 25 ft. radius, unless otherwise shownCurve dimensions are on the arr. Buildings whe-te ousformrs. Residences and Place of Appurtenant Service am generally served Measurement Stations Outside in Inside Buildings vehicles the Building Building to Front Street Line 25' Gov+. Lot 3 Building to Side Sfreef Line 20' Buildinol to Inferior Lot Line 7Pi 7#P* 7Yj** 7Yi** l� ® © -� Buildincl to Rear Lot Line S' 5' 5' B in is any Street Line 30' 30' 20' vi Pump Island to any Street Line 10' — — Storage Tank to any Lot Line 12v2 — — Except minimum setback shall be 5feef when Lot backs on a natural obstacle. SHEET INDEX **See Paragraph 0-15-e of County Regulations adoplad June 20,1955 for requirements Scale 1"- 800' Gov� Lot 6 1 as in Buildings ffiaf are continuous across Lot Lines. —ia 4- 35 '36 GOV+.LO+ S" Cr. STATE OF FLORIDA COUNTY OF PAL" BEACss — KNOW ALL MEN BY THESE PRESENTS, Hvi TEQUEVA, INC., a Florida Corporation, the owner of the Tract ofknd �yl?jandbehr7ghn Se&Abns 20and 35, Township 40 South, Range 42 East, Palm Beach County, Florida, shown hereon as TEQUESrA, and more parhculorly described as follows, to w1f., Government Lots 1, 2,3 and 6, all in said Section 26, and the Northeast Quar- ter (NEY4) of said Section 26, and Government Lot I in said Section 35, Palm Beach County, Florida. Excepting therefrom Governmenf Lot 7 of said Section 26. has caused the same to be surveyed and piaHed as shown hereon, and obee hereby dedi- cate fo the perpetual use of the public, as public highways, the Streets shown hereon, and the use of the Easements for the construction and maintenance of Public Utilities, unless otherwise no&d. IN WITNESS WHEREOF the said Corporation has caused these presents io be signed by ih.- iorestoksnt and attested by #s Assistant -Secretary, and ifs corp- orate seal io be affixed here7b, by and with ibe authority o7-ifs Board of Directors, this _ItL_ day of December -,A. D. 1956. AlHest, TEQ UES7A, INC. By; 8': Assisl-ant-Acretary President f STATE OF FLORIDA ss COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day personally appeared before Ine, an officer duly auht orlzed & administer caft and fake acknowledgments, WALTER F. LATHROP and C. W. PIETZ, President and Assistant -Secretary, respectively, of TEQUESTA,IAIC., a Corecrafion, M me well known and known & me to be #* individ- uals described in, and who executed the fore e kno c�, going oboicaiibn, and they ac wle - ed before me that they executed the same as such officers of said Corporation, by and with the authority of its Board of Directors, and hhai their act and deed was the -& and deed of said Corporation. WITNESS my hand and official sea/ at West Palm Beach , County of Palm Beach, and SfaM of Florida, Mls—ki� day o7—i2ecemr A. D. 1956. My Commission expires: March 24, 1959. STATE OF FLORIDA se COUNTY OF PALM BEACH I HEREBY CERTIFY that the plat shown hereon Is a Prue and correct representation ofa survey, made under my direchon, of the foregoing described properly, and that said survey Is accurate ib the best oftny knowledge and belief, and float permanent reference monuments CP. R-M-) have been placed as re7uireci by law. SAA -13 d, Rey43tervd La 4 gurveyor Florida Certificate /Vo. 152 Subscribed and sworn ib before me this 7fh My Commission expires March 24, 1959. o. 19s6 Board of Coun�y Commissioners Chairma,;� 4 --1 rl �fllttt T' 2 �V By r Counfy En er Page 57 of 74 Agenda Item #2. PLAT OF T E Q U E S T A IN 9 SHEETS SHEET NO 5 .�� Go Scale: I"= 100' I17 0 too 200 300 400 500 typ l d}' 0 {..•�Ab •�..';y ''•' q5 $- 13 o , , '� STATE OF FLORIDA COUNTY OF. PALM BEACH ss. \.ti �: +;• o. ? ttp �� This Plat was filed for record at M; ,. t� ... ` Q0 �iS. 90°p• 2� o k9 i` ztR. this_day of 145-, a duly recorded in Plat Book No. on gage-.r/ / J. ALEX ARNETTE, Clerk Circuit Court By-.-.._- D. C. 2Oo all ° o .1,' S �o+,,� R �s q'' `tO oo °p 'j,`�� 25 , - YJ`.s•-' p -ah \ t\ 'P•c' \ s di '/ a t2D t°io m 22-7 o ra N*' e 228 °O \ox, o.'6. { 01, 610 0 c y Ap R C E L + N \ \ 9 tip o . Lo 0 V 3g 139° °' too' aa• so ,Oa• RO tv33'�6'Ig^ 0 \10 }� N aN ` e5 So �o ao°O. 0 29-i [ �,pa ,d,�,�.p " R�. � .�/� -Hh+i$ ryy A4.3p• av0 ,p � �• + P i2 ' pop N' °� 295 � � � �s3y� ¢ o , t� � wo{l,uw+ �' mN- Lin(' 12o CE 41A {ainsge ER .to' r4 v v 6%22�«p.¢ he Ii13 o O ePaRaonl90�: Ny 15.77 33 -or ` N m $i. cn F .:_=_ `' 305 �- 306 b, - pe3�g , e b spo SoIn 0011 1 N � w :`N O °!D 11 ° t80'- �'t "1 m J �. w. Q � i o ni � ]za' � t ° g �% {gam Y' y NO. 4. loss' %o. � - se' O W _ No E 61, o n R � ITi O$ � $Ni is g ° `\ �a2dR• Rb ... 463 $� �.,j%ti. •-• p� �� TSUI = I20' i N O N° 120' �\ 60' t^•.iity..S:.., 'i,` 2 200'- BROCKWAY, WEBER & BROCKWAY ENGINEERS WEST PALM BEACH, FLORIDA Radial o J $o 35.65' 94,44.' TEQUEBTA zop'+ GOLF PLACE 0) IN 9 SHEETS SHEET NO-5 Lot nsn 4 120 200-t �{ .. `ii....y...... Dw SCALE: �,.� �Q� ii. No. oFcice: W.D-R•Ec HL. F. on. ev: J_J.F. DATE: NOV. 1956 K°. Ss-423 BK. Book25/Page11 Page 5 of 9 Page 58 of 74