The URL can be used to link to this page

Home My WebLink AboutDocumentation_Planning and Zoning_Tab 03_12/16/2021Agenda Item #3. 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 EMW VAR 06-21: Application from SEAN & STEPHANIE SPIEGELMAN 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 6 feet where the code requires a minimum of 10 feet for accessory structures. The address of the property is 318 Fairway N, Tequesta, Florida 33469. VAR 06-21: Application from SEAN & STEPHANIE SPIEGELMAN 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 6 feet where the code requires a minimum of 10 feet for accessory structures. The address of the property is 318 Fairway N, 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. VAR 6-21 - Spiegelman Residence Screen Enclosure Staff Report VAR 6-21 - P&Z FINAL SUBMITTAL Page 59 of 74 Agenda Item #3. VILLAGE OF TEQUESTA Department of Community Development Staff Report — Planning and Zoning Board — December 16, 2021 I. Petition No. — VAR 6-21 APPLICANT: SEAN & STEPHANIE SPIEGELMAN 318 Fairway N Tequesta, FL 33469 OWNER: SEAN & STEPHANIE SPIEGELMAN REQUEST: Application from SEAN & STEPHANIE SPIEGELMAN 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 6 feet where the code requires a minimum of 10 feet for accessory structures. The address of the property is 318 Fairway N, Tequesta, Florida 33469. LOCATION: 318 Fairway N Tequesta, FL 33469 Location Map M Tr - - 1' `P f 1 Page 60 of 74 Agenda Item #3. 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 BACKGROUND In May 2021, the applicant received a building permit to construct a swimming pool. The swimming pool was built and the permit was finalized in September 2021. In October 2021, the applicant submitted a building permit to install a screen enclosure around the swimming pool. The swimming pool was built with the correct setback of 9 feet. Per the Village Code, swimming pools without a screen enclosure are required to have a minimum setback of 7 feet. Currently, there is a deck surrounding the swimming pool, which has a setback of 6 ft. from the deck to the rear property line, as shown in the below graphic. 0 pear NGTE- 4 %ITW FD{„T.iW MUD 11 �ci luw n C11OL P@*•aml FEM BE 'a KSM4f 3i31�F`fk tlS rY�T14LG�j!7�Ti1 1.,7lF'lXY.DMWN'1 '7l'llFidTO ;tvilr. Wm 11:I31W AM. VON 7IN5T rrwiv{lawn. TO �IIP IK0Kd;1 - J iY�li M1' L.IS r+.� y o �.Y i__4 �b V %L& w+FM�LFi.I WIYL f� i! Ur.fi. tz�'t 11°%kll L4T-MWCATL ►' — ------- J--------- ----------------- Y TN.aT t-kb-w;A n1 I {u.•. I twI I w"Kil..ykk.0 , .L,Ah #i ti%F*F.TS UkN1 I A J2ul'Ikl_41; I" YPI7 F 6f,5Lr4'K.V7li LGITK F 13t �y acre-r-W WP.%a.La77.Ykk.511TIS k Kam'-iH'P �'l HF. Y+i �' iunc•�u+ur '4M=� = �. •.u•e5111 g .air _ ,:Sis,o IPik Iiiii'limm 11' L 1%AL S�811+C� a lq T /� � �� .�. :w:.' , . , . .. a—. • EXIM PORCH III. STAFF ANALYSIS 5C4_d9tAesidQ6or_ F / � Aef /twrm� �0 Application from SEAN & STEPHANIE SPIEGELMAN 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 6 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, see attached application. With regard to setbacks, please see the below site requirements for the R-1A Zoning District. Site Requirements 2 Page 61 of 74 Agenda Item #3. Site Requirements 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 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. I,: 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 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: 3 Page 62 of 74 Agenda Item #3. 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." 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 Page 63 of 74 Agenda Item #3. s Page 64 of 74 V G O Department of Community Development 345 Tequesta Drive Tequesta, Florida 33469 Ph: 561-768-0451 / Fax: 561-768-0698 w-vvw.tequesta.oirg APPLICATION FOR VARIANCE, PLANNING & ZONING BOARD (Single Family) Meeting Date: VILLAGE COUNCIL Meeting Date: PROJECT NAME: Spiegelman Screen Enclosure PROJECT ADDRESS: 318 Fairway N, Tequesta, FL 33469 Applicant Name: Sean and Stephanie Spiegelman Applicant Address: 318 Fairway N, Tequesta, FL 33469 Applicant Phone No.: 828-719-1619 Cell Phone No.: 828-719-1619 Provide written approvalfrom the property owner, if other than the applicant Property Owner's Name: Same as above Property Owner's Address: Property Owner's Phone No.; Fax No.s. Fax No.: N/A ------------------------- DEPARTMENTAL USE ONLY CIS. # Fee Paid: Intake Date: L L PROJECT #: I - - - - - - - - - - - - - - - - - - - - - - E-mail Address. sispiegl 3@aol.com E-mail Address: NATURE OF VARIANCE: Code Sec. 78-143 - Code reauires m inimu m 10 ft. set back from rear orwertv boundary to Instal I any accessory building or structure. We are requesting a variance of approximately 4 ft. to install a screen enclosure over an existinq pool. We currently have approximately 6 ft. from the rear property boundary to edge of existing pool deck. SIGNATURE OF APPLICANT: DATE: NOTE: APPLICANT SHALL INCLUDE THE FOLLOWING ITEMS WITH THIS APPLICATION: 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. 6) 15 Copies of all submittal documents. 7) Application Fee of: A) Single Family: $300-00 Q Multiple Family $2.000.00 B) Duplex: $700.00 D) Commercial $1000.00 To cover all additional administrative costs, actual or anticipated, including, but not limited to, engineering fees, consuitant 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. Agenda Item #3. 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 Village, you must also address the ten criteria listed in the Sec.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. Code Sec. 78-143 R I -A district re g u i res a minimum setback of 10 ft. for an accesso[y structure. S pecia I conditions exist and require the requested variance of approx 4 ft. which will give the applicant the ability to meet the code. The code is too restrictive on the applicant creating a hardship due to the existing building and pools location on the land. The applicant requests this variance to build the screen enclosure 6 feet from the property line and over the existing pool. 2 The special conditions and circumstances do not result from the actions of the applicant. The special conditions and circumstances are not the result of actions taken by - the ap licant. The existing building. -is set to far the rear of the land causing this hardship and thus resulting in not enough space to meet the minimum set back per Code Sec. 78-143 in the R1 -A district. The existing pool meets current code. This hardship does not allow the applicant to install the screen enclosure and enjoy full use of the land as other properties in the R1 -A zoning district. 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. Granting the requested approx 4 ft. variance for the rear of the property will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the R1 -A zoning district. 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. The literal interpretation of Code Sec. 78-143 in the R1 -A district causes undue hardship. The existing building is set to far the rear of the land causing this hardship and deprives the applicant the rights commonly enjoyed by other properties. 5 The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. Granting the minimum requested approx 4 ft. variance for the rear of the property will make possible for the applicant to install the screen enclosure over the existing pool and meet current code under Code Sec. 78-143 in the R1 -A district. 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. Granting the minimum requested approx 4 ft. variance for the rear of the property 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 welfar. The variance will make possible for the applicant to install the screen enclosure and meet current code under Code Sec. 78-143 in the R1 -A district. Agenda Item #3. 11/19/2021 Mr. Lance Lffly Village of Tequesta Department of Community Development Respectfully, Sean and Stephanie Spleg6man Agenda Item #3. Agenda Item #3. I rl p q v/;f I A tow 70, f 4.j UJ 44$ jj 1D) lti 11 "r,". lt v 1h 1-D-T 123 LOT 122 +0 $k7 W ZRONROD o F 6 lRayfioD -! 1 90.00 _. - - ru0 6' L B M9 .& 00, 0,8 3_9 dif t ect ea 1A T ft _T rr all r .9' BUILDING #318 T I NG OT 1, 17 _5 tT LOTJ 19 23.7' ri 0.5, CONO. WALK 22.8 zo r� �� ASPHAL f! c'4 . DRW '.M ,, r��..- FOUND c9a, _,,= F Y``, „o.a_=Y,`�t �.�, , �-� *q:ry' '•-N, % 4- zt IROAIROD XONROD Arm .7& LOAM *S X _-;, - - ". — 'z_ Poffop Y ,ice CURMW fi 17 3. '687 A (PI %\ r 11.! av- - :7 '1 t�"�w �' Ll WA, Y I \T 60'R)W o-- Loy.. gj -Fo 6 VS GiV Al'o-IRT111 PIA1.1 1,8011:111 0 r"o WE. SURVEYORS CERTIFICATE 7, y�l `� �� e ; � � �, � � ��T ,� � D- I HREBY CERTIFY THATTHS BOUNDARY SURWY 13 A TRUE AND CORREaRMSE14TATXM OF A, SURVEY P R EPAR EU URM MY .€ Virfr 7 v. CL OMM& Sr NOT VAUD WMiOUT AN AUTHBOWATED EUCTRC44rG SIGNATURE AND AUTHEN11CATEE) EL&1MoWSFAj, LB #7893 ORARMSEDEMBOSSMSE&MDOMMM. Digitally signed by Kenneth SERVING FLORIDA Kenneth Osbome Date: 2021.03.02 6M N. MIUTARY MWL, SUIM 102 WEST PALM BEACH, FL 33407 PHONE orno 10 A&23 -05'00 I (1561) CA04800 ISTATEWDE PHONE 1800) 22"8D7 STATEWDE , � �� ORNE 1-YOR AND WPPM WiS 11 FACSIMILE (8W) 741,M 0, WESSITE: ht(p:/AwgeMrvoyhVne( Agenda Item #3. LEGAL DESCRIPTION AND CERTIFICATION LOT 118, TEQUESTA., ACCORDING IN TO THE MAP CAR PLAT THEREOF AS RECORDED IN PLAT BOOK 25, PAGE 7, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Community Number. 120228 Panel. 00 180 ,suffix: P , .I. R. M.Late; Flood Zone: X Field Word: 31112021 Certi ed Te: SEA SPIEGELMAN AND ST PHANIE SPIEGELMA N, PA TCH REEF T/TLE COMPANY, INC_, OLD REPUBLIC NA TION L T/TLE INSURANCE COMPANY Property ddre ; 318FAIRWAYN TEQUESTA, ,FL. 33469 Survey Number: 467049 Client File Number., 621067DC ABBREVIATION DESCRIPTION: A,E', ANCHOR EASEMENT P.F. EL FINISH FLOOR ELEVATION O.R.S. (P) OFFICIAL RECORDS BOO FLAT A/C AJR CONDITIONER E.I.P. FOUND IRON PIPE P.S. PLAT BOOK B.14 BENCH MARK F.I.P. FOUND IRON ROD P.C. POINT OF CURVATURE B.R.BEARING REFERENCE F.P,K. FOUND PARKER•KAL N M L P.C.C. POINT OF COMPOUNDCURVE (C) CALCULATED fL LENGTH P.O.S. P 1 T OF BEGINNING A CENTRAL ! DELTA ANGLE L.A,E. LIMITED ACCESS EASEMENT P.O.G. POINT OF COMMENCEMENT CH CHORD L.M.E. L {E MAINTENANCE EASEMENT P.R.C. POINT OF REVERSE CURVE (D) DEED I DESCRIPTION (M) MEASURED I HELD VERIFIED P.T. POINT OF TANGENCY D,E, DRAINAGE EASEMENT M.H. MANHOLE R RIGHT-OF-WAY D.H. DRILL HOLE N&D NAIL & DISK (R}} RADIAL RADIUS DM DRIVEWAY` N.R. NOT RADIAL S.I,I SET IRON ROD E.C. , is i� ii EDGE OF WATER CP'11 I�li`1 !'f111�f'�[7IW"T'C AdF'Sk1l ILJ��]i` N.T.S. .� u i HOT ` SCALE nti jffes"ffi n i 1R°i1 tsar I Isi��+ T,0.13. TOP OF BANK E. UTILITY PAGE I OF 2 PAGES (NOT COMPLETE lei FHOUT PAC C 2) GENERAL COTES: I LEGAL 0ESCRIPTION PROVIDED BY OTHERS THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS OR OTHER RECORDED ENCUMBRANCES NOT SHOWN ON THE PLAT, UNDERGROUND PORTIONS OF FOOTINGS, FOUNDA71ONS OR OTHER IMPROVEMENTS ARE NOT LC ATED. 4) WALL W N TIES ARE LINES,. TO THE FACE OF THE WALL AND ARE NOT TO BE USED TO RECONSTRUCT S ONLY VISIBLE ENCROACHMENTS LOCATED. S DIM ENS] ONS SHOWN ARE RAT AND MEASURE D U NLESS OTHER4 SE SHOWN.. 7 FENCE OWNERSHIP NOT DETERMINED. S ELEVATIONS INDICATED HEREON ARE IN FEES' AND DECIMAL REFRENCED TO N.G.V,D.1929 91 ICE SOME INSTANCES, GRAPHIC REPRESENTATIONS HAVE BEEN EXAGGERATED TO MORE CLEMLY ILLUSTRATE RELATIONSHIPS BETWEEN PHYSICAL IMPROVEMENTS ANDIOR LOT LINES. IN ALL CASES, DIMENSIONS SHALL CONTROL THE LOCATION OF THE IMPROVEMENTS OVER SCALED POSITIONS. YM 90L D'E rRM IO S. Ma ■ CATCH BASIN —,o—w MISC. EENCE CENTERLINE ROAD 0 = PROPERTY CORNER COVERED AREA UTILITY BED k O '� EX15TING ELEVATION UTILITY POLE HYDRANT WATER METER MANHOLE WELL. - - METAL FENCE —. — WOOD FENCE SLaVEYWG,LLC SERVING FLORIDA 6260 N. MILITARY TRAIL, SUITE 10 WEST PALM BEACH, FL 33407 PHONE (561) 64 800 STATEWdDE PHONE (BDO) 807 STATEW DE FACSIMILE (B ) 741-0B Age 'o S100d a ■ Ki"C9-195 YFJL-dOK AVAMM4 HE MICE -fJ'S&'3CDfVf) HJVaE[ WIVJ HIMS "lIVUl 2-HW 'K 6!;Z8 f 01VS I ,Sall UUMIRVaidS 43KI tivriaNis - Suma dOA siviatow F 9 .. -SILWIDA0 Kolssffilu" MaLumussilluxa amluloulva luva X.1 No aloum Ni (133fl(lodd3u -AUDI ION 91 GNV'Jxl'UlVl3K18 —SlINIX) AO AlH'9d0HA alll Sl GXV 3JIAU38 AO LM3WRUlSNl NV Sl DMIAV86 Mll Fjj IV HIYOM AY.#UlVJ Rig 901WTUEZY MY)Y7,WXldS RNV7d 1YLTAS07JIVJ _A19JUD S ui O� mnag r 0 lE u (D Ld C: Y z > ui � IL 0 m LB its on U ih 0 z2a W3. ;u m > X 1 X2 Fq 7- 1.1 1 _1 < x jlw > D3 BE Rl D Eff 16 �R 7 tz C) 9 I I I k I I I 1 I I I I I 1 r W0:)'jLDWS*4ApQUUDHUQA� 3)MaL KUL ms zs� Cl a N N 3M lwzllu NOIiVA3�3 iHOI�d Ll CD M F3 qxz Eo qxz 9 M Cq ao qxz 7' LLJ U') lax 9 RXZ 4111 Pl� laxz M=D?US UgMW Zo N LN El 0XZ 2xz CD 201 Z-3 ED X) EO �0 LEFT ELEVATION NOUNOM0 NOISIAM 31YU D11 vi cn CZ5 Lj ki Li X z C) < T, T5 z M, cl 4N L A A 4 Z 0 LL] _j 0 Of U-1 Ll Page 71 of 74 Agenda Item #3. F� Page 73 of 74 hlop,< r vo 16 E� + �. , i. Ar • r s