HomeMy WebLinkAboutOrders_Planning and Zoning_12/16/2021_VAR 6-21_Sean & Stephanie SpiegelmanVILLAGE OF TEQUESTA
PLANNING & ZONING BOARD
CASE NO. VAR 6-21
IN RE: Sean & Stephanie Spiegelman, Owners & Applicants
PROPERTY LOCATION:
318 Fairway N, Tequesta, FL 33469
LEGAL DESCRIPTION: TEQUESTA LT 118
PARCEL CONTROL NUMBER: 60-42-40-26-01-000-1180
VARIANCE REQUESTED: Variance from Sec. 78-143 to allow the installation of an
accessory structure (screen enclosure) onto an existing single-family structure with a reduced rear
setback of 6 feet where the Village Code requires a minimum of 10 feet for accessory structures,
a variance of 4 feet.
ORDER DENYING VARIANCE APPLICATION
This cause was heard upon the application for a variance and the Tequesta Planning and Zoning
Board considered the evidence presented by the Applicants and other interested persons at a
hearing called and properly noticed. The Planning and Zoning Board being otherwise duly advised,
THEREUPON, THE TEQUESTA PLANNING AND ZONING BOARD FINDS AS FOLLOWS:
The Applicants have applied for a variance from Section 78-143, Village Code of
Ordinances.
2. The subject property is located in the R-IA zoning district in the Village of Tequesta.
3. Pursuant to Section 78-61, Village Code of Ordinances, this board has the authority to
consider and issue variances relating to single-family properties and structures located
within the R-lA and R-1 single family dwelling districts of the Village of Tequesta.
4. The Applicants submitted all documents required by the Village's Code of Ordinances
for Planning and Zoning Board review and final action.
5. The application, all supporting documents, presentation materials were reviewed by the
Planning and Zoning Board at a meeting on December 16, 2021, and as kept on file by
the Village, are made a part of this order and are hereby incorporated by reference.
6. Nancy Stahlsmith, resident of 313 Country Club Drive, Tequesta, FL 33469, also
submitted photographs that were reviewed by the Planning and Zoning Board at its
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December 16, 2021 meeting, and which are kept on file by the Village and are hereby
made a part of this order and are hereby incorporated by reference.
7. Under the Village Code of Ordinances, the Planning and Zoning Board has the right,
power and authority to act upon the Applicants' request.
IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED BY THE PLANNING
AND ZONING BOARD OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS:
The application in case number VAR 6-21 for a variance from:
1. Section 78-143, Village Code of Ordinances, to allow the installation of an
accessory structure (screen enclosure) onto an existing single-family structure
with a reduced rear setback of 6 feet where the Village Code requires a
minimum of 10 feet for accessory structures, a variance of 4 feet
at the above -referenced property in the Village of Tequesta, Palm Beach County, Florida, in
accordance with the variance application and supporting documentation attached to this order as
Exhibit A, is hereby DENIED since the Village of Tequesta Planning and Zoning Board finds that
the Applicants have failed to establish with competent, substantial evidence that the any special
conditions and circumstances which are peculiar to the land, structure, or building involved were
not caused by, or are the result of, actions of the Applicants themselves.
Pursuant to Section 78-65(a)(2)b. of the Tequesta Zoning Code, it is the Applicants' burden to
establish this (among other) criterion in order for this variance to be approved.
DONE AND ORDERED on December J(..,, 2021.
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By: LORI McWILLIAMS, MMC
VILLAGE CLERK
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