Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 8A_5/24/1990VILLAGE OF TEQUESTA BUILDING DEPARTMENT Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 o (407) 575-6220 FAX: (407) 575-6203 MEMORANDUM: TO: Thomas G. Bradford, Village Manager 5 FROM: Scott D. Ladd. Building Official j DATE: April 9, 1990 SUBJECT: Application for Subdivision Review JARA, Inc., Lot 8, Block 2, Country Club Point Tom, attached are nine (9) copies of a submittal packet with full size survey of the above referenced subject. We are notifying the president of the Country Club Point Property Owners Association with a courtesy letter informing them of this proposal. Please place this on the agenda of the April 26, 1990 Council meeting under Development Matters. SDL: j ms attch. VILLAGE OF TEQUESTA BUILDING DEPARTMENT Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 334694)273 • (407) 575-6220 FAX: (407) 575-6203 April 9, 1990 Mr. Timothy E. Goldsbury President, Country Club Point Property Owners Association 20 Tradewinds Circle Tequesta, FL 33469 Dear Mr. Goldsbury: FILE COPY Subject: Lot 8, Block 2, Country Club Point Subdivision. This is to advise you that we have received an application from Joseph M. Arbree, President, JARA, Inc., ro subdivision of the above referenced lot. We have requested that this matter be placed on the agenda of the April 26, 1990 Council meeting for consideration. If you have any questions rea_arding this matter, please feel free to contact me at 575-6220. Very truly yours, Aj& 04 • XO(IL Scott D. Ladd, C. B. 0. Building Official j ms 0 . VILLAGE OF TEQUESTA OFF BUILDING DEPARTMENT (1-4pp!R Post Office Box 3273 • 357 Tequesta Drivehll0 Tequesta, Florida 33469-0273 • (407) 575-6220 4cc FAX: (407) 575-6203�F+� April 10, 1990 Mr. Joseph M. Arbree President, JARA, Inc. P. 0. Box 14656 North Palm Beach, FL 33408-0656 Dear Arbree: Subject: Lot 8, Block 2, Country Club Point Subdivision. This is to advise you that we have requested that your application for subdividing the above referenced lot be placed on the agenda of the April 26, 1990 Council meeting for consideration. This meeting is tentatively scheduled to begin at 7:00 P.M. Please contact this office prior to the meeting date to verify the meeting time. Receipt of your check No. 10630 in the amount of $220.00 for the subdivision review is hereby acknowledged. You and/or your representative must be in attendance at this meeting to present your application. Very truly yours, '4� '0- ACICL Scott D. Ladd, C. B. 0. Building Official i ms cc: Village Manager / ;V /¢33 4 5 Aln� IZ20 '- VILLAGE OF TEQUESTA APPLICATION FOR SUBDIVISION REVIEW NAME OF APPLICANT: 1Am, IIJ( RY p1CM ARRRW Pm-ei,inat DATE:April 4, 1990 MAILING ADDRESS: P. 0. Box 14656 North Palm Beach. FL. 33408-0656 PHONE NUMBER: ( HOME) 407-848-4649 LOT/ PARCEL ADDRESS: 31 Traders Circle PROPERTY CONTROL NUMBER: DESCRIPTION OF PROPOSED SUBDIVISION: ( BUSINESS) SAME 8. Block 1 according to the plat of Country Club Point as recorded in plat book 27 Dame 112, Palm Beach County, Florida public records. VED APR 7 1990 vit& O TEQUESTA BLDG. DEPT. PROPERTY OWNER: SAME ( If Other Than Appl scant) ---------------------------------------------- NOTE: APPLICANT SHALL INCLUDE THE FOLLOWING WITH THE APPLICATION: 1. THE ORIGINAL AND TEN (10) COPIES OF A PROFESSIONALLY PREPARED SKETCH PLAN OF THE PROPOSED SUBDIVISION, MEETING THE REQUIREMENTS OF ARTICLE II, SECTION 1, PARAGRAPH (1), SUB —PARAGRAPHS 1 — 7, OF THE VILLAGE OF TEQUESTA SUBDIVISION REGULATIONS. 2. WRITTEN APPROVAL FROM PROPERTY OWNER, IF NOT THE APPLICANT, AUTHORIZING APPLICANT TO ACT AS AGENT FOR THE PROPERTY OWNER. 3. ANY OTHER DOCUMENTATION PERTINENT TO THIS APPLICATION. 4. APPLICATION FEE OF TWO —HUNDRED (•200.00) DOLLARS PLUS TEN ($10.00) DOLLARS FOR EACH LOT PROPOSED FOR THE SUBDIVISION. APPLICANT'S SIGNATURE: q z NOTE: ALL RENDERINGS, MODELS, OS, ETC. SUBMITTED TO THE VILLAGE WILL BECOME THE PROPERTY OF THE VILLAGE OF TEQUESTA. /C #11 0-139/ej tint Prepared by: lar"Ild by/Return to T LAWRENCE C. GRIFFIN Crw mW. Ptaffenbertgr, 0ahlmeyr, BerTw t Griffin 63' U.S. HWtway /1 - Suite 410 f .0. Boa 14036 Nprttl Palm Beach Fl ;3y� pralsect Pvto Id«Etfikatlon (rono) Ne.W,): 0-25-12-002-0080 SPACE ABOVE TNtS LIME FOR RECORDING DATA o c -7 --r c - This 5ptciat lVarran_tllBud Made the 26th day of Fey A D It; 90 by BARN T' BANKS TRL� UC�IPANY, N.A., both as Personal Representative of the ESTATE C>F JANEP VETTER, deceased, and as Trustee under Testamentary Trust under the WILL OF JANET VEPPER, deceased, dated July 12, 1989, hereinafter called the grantor, to JARA, INC., a Florida Corporation, whose postof fice address is P. 0. Box 14656, North Palm Beach, FL 33408-0656 hereinafter called the grantee: (Whtrt u.d herein the IeIIDt "grantor" cod "arantre" iMludr aIt the partin so Ihr i-trument and the hun, lepl repreaenuti.el and e1 ..d—d-h, Bad the we Genoa sad Brig. W corpo u—, 10itnesseth: That the grantor, for and in consideration of the sum of $ 10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants. bargains, sells, aliens, re- mises, releases, conveys and confirms unto the grantee. all that certain land situate in Palm Beach County, Florida. riz: Lot 8, in Block 2 of COU?IRY CLUB POINT, a Subdivision of Palm Beach County, Florida, as recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 27, Page 112. Together, {, all the tenements, hereditaments and appurtenances (hereto belonging or in any- wise appertaining To Have and to Hold, Ike some In fee simple forever %d the grantor hereby covenants with said grantee that the grantor U lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and here- by warrants the title to said land and will defend the same against the lawful claims of all persona claiming by, through or under Ike said grantor. ]n lgitness-Whereofe the said grantor has hereunto set its hand and seal the day and year fins ve ritten BARNE T BANKS TRUST COMPANY, N,Pr.,.•both 3S Personal Representative of the ESTAM OF JANNET Vt'Z`IM, Si ned, seal nd debt i tir resence seed and as Trustee Ling TeLs- under the Will of Si � J 7� •.�. dated y-. 89 ...�' ..� c i an , ice ident RECORD VERIFIED STATE OF FLORIDA, PALM BEACH COLx; -,. FI ). s COUNTY OF PAIM BEACH Xit,N C nUT°*•Lf. )t I HEREBY CERTIFY that on this day, before ine, an P(C`C��thorizedin the __ t aforesaid and In the Count aforesaid to take ackno�wl dAmc_nut I ed Y; )LI p1]EtS $OA []jTD 12C�2a SAeCn1TY r dTN1' t� under TesttamP tart' Trust under the Will of JANEP VEPI�2,Deceased, dated 12,1989, to me known to be the person described in and who executed the foregoing instrument and be ,.• - aekisowledged before me that he executed the same., On behalf Of said corporation. WITNESS my hand and official seal in the County an to last aforesaid this �•� day a( February A. D 19 90. Hn-�-11PLIC. STATE OF FLORID%s 7� s a614411 atantytAu vnraivyo, #11 139/ej S►[CIAt WAlaANTY DFlD RAMCO FORM 03 PrpWb � k� GRIFFIN oahknew. 9WT W i Ghtfin f l U.S. H*Pf W 01 . Suite 410 P.0. Doc 14036 North Pylrfs f un Pared Id�atlon (Fblf0) Numbvts): -25-12-002-0080 SPACE ABOVE TNtS LINE FOR RECORDING DATA Thi s trial lgarrantglad� Deed Te the 26th day of February A. D. 90 by BAR BANKS TRUST ANY, N.A., both as Personal Reciresen tive of the ESTATE C1F JANE.T VEI=, deceased, and as' Trustee under Testameentary Trust undear the WILL OF JANET VE=, deceased, dated July 12, 1989, hereinafter called the yruntor, to JARA, INC., a Florida Corporation, whose posto/lice address is P. O. Box 14656, North Palm Beach, FL 33408-0656 hereinafter called the grantee: IWherever used herer, the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal rrprrsentatists and assigns of indtciduah, and the succ—rs and assigns of corporatiotu) IMMSethi That the grantor, for and in consideration of the sum of 3 10.00 and other valuable considerations, receipt whereof is hereby acknowledged. hereby grants, bargairu, sells, aliens, re- mises. releases, conveys anti confirms unto the yrantee, all that certain land situate in Palm Beach County, Florida, rim: Lot 8, in Block 2 of COUNTRY CLUB POINT, a Subdivision of Palm Beach County, Florida, as recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 27, Page 112. It is the intent of the Owner that each lot will be serviced by a septic tank, duly permitted by the Palm Beach County Health Department. In the event that the necessary permits for the septic tanks are not available for any reason, then sewer service for the lots will be provided by Loaahatchee River Environmental Control District (see attached letter from the District). Loxahatchee River Environmental Control District 2500 JUPITER PARK DR'VE • JUPITER. FLORIDA 33458-8964 TEL (407) 747-5700 - ADM 8 ENG • (407) 747.5709 - OPERATIO%S FAX (407) 747-9929 April 4, 1990 Mr. Joe Arbree P.O. Box 14656 North Palm Beach, Florida 33408 Re: Lot 8, Block 2, Country Club Point, Tequesta Dear Mr. Arbree: Et�v IRON y'EA7 1� u: s W 07 RICHARD C DE K' n EXECUTIVE DIREC'DR This letter is provided in response to your recent inquiry concerning sewer service availability to the above referenced property. Please be advised that, as of this date, service can be made available to the property upon the joint execution of a Developer's Agreement and the payment of certain costs in accordance with District Rules. Copies of the Developers Agreement and Chapter 31-10 F.A.C., are available for your review. Consistent with District policy, the developer will be responsible for all costs associated with connecting to the existing wastewater system of the District. The nearest available regional gravity sanitary sewer line is located on Country Club Drive near the northern entrance to the Country Club parking lot. Should you require additional information on this matter, do not hesitate to contact me. rQin,i�erely, Rd C. Dent Executive Director RCD/aw JOE ELL1S GEORGE GENTILE WM. "ED" HUFFMAN LORING E. -SNAG" HOLMES JERRY L HOUGH TEQUESTA COUNTRY CLUB COMMUNITY ASSOCIATION P O BOX 3006, TEQUESTA, FLORIDA 33458 lv: ViCCa,�e Cow a o� Teque ii-a We .the undelwLi ted 1?e4iden,t4 o� Tegejta Cowlt4y C. 6 Comwtaq ante agaiiwt a.0 wilLj lie-zubdividiV o� exi 4.iing . ,,b vi4i.orL4 ei.thez cn .th" Comnuni.tg vn in any oit ea Su6di.v"wn in the Vi.Uf e o4 7eque4ta. We Ae. .that tt L4 wai violate .the irUeg&itg 0� tke 5u6di.vi.4iAM4 and u. l)- .lead tv a 62ealdown o4 exL4,ting, Covenan,to and Ueed /lej.ti ,C,.,, ru. At A bg5s /2. 4-Ul L a - / Vt.,,11i /3 A. /.S /6. /7. 18. /9. Si gAcAL -C4" 2/. TEQUESTA COUNTRY CLUB COMMUNITY ASSOCIATION P O BOX 3006, TEQUESTA. FLORIDA 33458 70: Vi_!_�e Council o� 7equed.ta Vi Cla e Adm�tw ti vn iVe .the aldeuigned deeideat4 o� 7eque4& CounUAy C. u6 Cow&Lay cue Q;uilwt "win lvuiinr� Re-4ubdividinq o� exi o4, nq 4ubdi.vi.4jorw ei.the/c in &fffw City 02 in any o.thez Su6div.L4ion in .tire Va_ cue o� 7equeata. We Ae. .that t4" wzU v'-O ac to the-&Ueyzi ty o4 .the Su6dLviAi orw and alLU .lead to a 62eaWowz o4 ex."ztuug Covewj to and Deed i?"tu:ctivn.a. /VAV Aliltc Ss 4 2 3 4. 5 6. 7• 9• /0 /4, v /s /6. /7. 18. �9• a7. 2/. PALM BEACH COUNTY ENVIRONMENTAL APPEAL BOARD 901 EVERNIA STREET, ROOM 110 WEST PALM BEACH, FLORIDA RE: JOSEPH M. ARBREE SEPTIC TANK PERMIT: LOT 8, BLOCK 2, COUNTRY CLUB POINT, TEQUESTA, FLORIDA AMENDED ORDER This cause, having come before the Environmental Appeal Board on Friday, April 20, 1990, pursuant to a request for two septic tank permits, for the above lot which is being divided to construct 2 single family homes. The Environmental Appeal Board having been fully advised in the premises, makes the following: FINDINGS OF FACT: 1. There are special factors regarding this particular application for 2 septic tank permits, the special factors being that the other parcels of land in the area, that is the subject of the application, are generally smaller in size than the lot belonging to the applicant, located at Country Club Point, Tequesta, Florida; the subdivision is practically built out; the property is served by public water; and all setbacks can be met. There would be no adverse impact in approving the two septic tank permits. 2. The individual sewage disposal system complies with current construction standards. 3. The granting of the appeal is the minimum alternative that will make possible the reasonable use of the land. C. The granting of the appeal is consistent with the general intent, purpose and requirements of Palm Beach County laws and ordinances. 1 of 2 ORDER - JOSEPH M. ARBREE LOT 8, BLOCK 2, COUNTRY CLUB POINT, TEQUESTA, FLORIDA 5. The granting of the appeal will not be injurious to the public health and general welfare of the residents of Palm Beach County. IT IS THEREFORE ORDERED THAT: Applicant's request for two septic tank permits is hereby granted. DONE & ORDERED, this 8th day of May, 1990 at West Palm Beach, Florida. yO Date' This document prepared by: KIMBERLY A. TENDRICH, Esquire Assistant County Attorney Environmental Control Officer H ARD L. SEARCY, P. . Chairman Palm Beach County Environmental Appeal Board FILED: ate Time with the Palm Beach County Environmental Appeal Board By: G,j6ria P. Hallahan, Clerk cc: Palm Beach County Public Health Unit 901 Evernia Street West Palm Beach, Florida 33401 :i Joseph M. Arbree P. O. Box 14656 North Palm Beach, Florida 33408 i RAT/GPH:in/DRAFT2.TXT 2 of 2 cloun" chlb poinr A SUBDIVISION /N SECT/ON 25, 7OWNSHIP 40 SOUTH, RANGE 42 EAST PALM BEACH COUNTY, FLORIDA AY TEQUESTA ZXc ELOPMENT McELFRESq a WIGGINS �;r ,e [- A c9 F CORK ENGINEERS AA 0 SURVE' Y7 S TBpIJESTA• FLORIOA.... four LALIDWR4•L9. FLGOl/OA JLi6w sr.rr a r..at,w ,. d v ,.. w' n+wr i � co�wrr w ►ri•. M.,cr. } f • am X V I , r ,.• ,/Rill: /o r'f i ) \ p, wNo.v ..a.L •.rwr Iv r+.vu r,elfr-rl rrvf rloa.:rl r.. cvvlco.+ r ccarw.r..r:...s w..r dl . �.�r,r-.o. -.•. , •�-� 1 fa.w�T /y,ny n iohrr•nmrrsf tots t ono 1, #K r.o•r tl, ro.vnfl.,p Io boa, ry. AP 0 N loll ro,.•n plocn Co l « ` ✓y - r tZ pia-!yo Q-�e pwrrcl.Aar�y o�sc� ql� of /db.v/ Iev,nn:np or rM , hrsecl.o•a q o {a\'+ �, o„o rc11� r'/er /N'YhN r/k foal rrr/,.+r of sa,o Go.�rnml+'rr tar t o'w "w .•fsrw .«o revs d rrl •._-rn c�-.. or��rnr q•�rnr o/ erw n.r�r q rn.l ols, r�r.on rn*nc• �iosr�-.i �rf f "cloom �eo.fr n.r/•i L t o•+ an of o tler, so.. n Ir- ss s - -. -o. 'n �e C A /V A L ax.o tr wi orin.'wn../�jrlo o'w .tcl d.oi sost o oir�wr�cvs 'ti' o po.nr:- rne„cl s�.i�uosrlr.y x o cam: _� _ s�_�-.. r = SITE1.1 c.rc o.lrvrco' , ro o r rre sou rrrlo/r/.-/ o•+ o /,•«n•w o/ Nso�« xe s w , o /ol r o o.sronce w lwv 1, /rpear hi o vo-nr .� - - J .� .nrnY Lor f rnrncr ..tlratN o,rrrp d /.nr Aru' e� 1 n v rrer sov!S. ?- so:� ��.•r'��-ate , ,� > •%+ qr ta:. rn l� arove�s w rr ry, no tr snc�n•w•s .s . o.l runcY o/ sn . aeo.rrnm•nr L s OW . th-/ me rr,r l:nr Z Y /o••V Of 10.0 GOKr•."M+rN�f ! I 1 i r / Ooff )s a loll /p n'•f Auirrrw.el CVr/fM' .o : Mnn.erlr LOf 7 10.0 Corner• �l O a; ' 4I `,i/. 0 Gc.e.-nrrkrr.f Lor I 1-aner Abrrrr..r/ltirq/y Mvsp rM IKIf /,nil / lO,o �p•^I/nnaFrr :O!l. Y o.-✓!)�l •: ^ -_ '.!.'-s. SL C < "•t. . - ,• .n., rrs. also fff lecarws .wr/t o o, Irw+cd w ,r11/r. jlef orb po.nf r/».+cl folrrr.y o.. o ^e�_1-'' _ _.l /, 1r fr., o++o !,v seco-.o/ loll o o„fwrce or �t+ s,r ,,.csr ar /rs rav me Arsr��. --1 •�•• q��reme Lar..a,•rw�Kw: e / rlaKr'cmeaarnrr Sw rn/1o, 11r./y W/�ep Me ..•rl 4r•,� ..•y!trs o- .•rs• rb-r- n_ - - -.r I TRADIEW^/ er t l,Kl w rneO I o/ d�p�. vnq or M„ a�rscr :ran. Soso �,os s r.no r y x� 'Y J. �.= ' • �771CGZ>C j / [.V.1/O Y.vl ry dr 9..rt.r��O onar pbrryo or shown nlrron onv py rre o/ av,[o-R ro 'rr or.-��-i f_is! + Iio oo I� 1 � a Mom. \• � � fM pp•.��d,C a, MM✓go•g,�s�/a'YT! rYlr G,rC/r/, Or,K/. �•Oyl O/f0 w'01Y/.w0y1 a?�10 rb dlO -0r T'N IiI �, J•: r •. , - +•y rrngrcr nj q.e/. N?Ife•1 J! e.oren.an f/ o, srx'r.w, aLr fMf rawri -� , `•n " r . V- � P/ % rt Ap r,Wraf- 'yr.-'Y_ .cj •-, -' ' ^ � L J1l,j'�1 D•'b .�pw4 rryr�rr/,r,K, -r•r rivrrlrarr lY TK/l.?n1 rArnlpl r✓hr/MYC/ .YN ii".Y ' ! �f I � � .: • ; •}j � t r '. ` � Mq me Ia.N.c o. b'scon f,lwaw q /o:. .. _ t . . /i n i /I ! /t // ro 1 \� O Ol w,r.vrl7 /rwatl'f(A� 1101l9- of�tr o' 1r CCMn rHl -.w. /eJ 'rR��• Sra'! `fs r,• : , - . �• I/ airlw +f rw ours fws q ,h srrnrry y - 'q14 nuy oa .•. u.rct I V . I , , ,f..A wrW/,1+ , �/ ; ; ,e G .� /V A L { r L..A-ra�7myr }�_�i w • 1 � �� � .!-1��1.1� � } •• w - rw-«tl"r 1 n+r sv+A'/w/K errobwA?. �dln.dS a- w�.-.... -c•-.. ..• - - �ot, 1J � Mr"�•r.e r! Mr !'..r•J e.,cr/. h+w-.. r..Y�y e+w•r..+ ��1aeL G. ti•P�( lit ��7�a •T .�.- (_i •' 1 Lo .. � � _ �I L E WARD /RfLE _�• � . .� .�Ci,vl�.•�,l leaarA/ivr , ../rill urr rr N.- .. `L � � •� '-1 � "• �! Z `�,� � I �r.,�4r ! /r drt+e ,ry r. a+a.c+r-o•.' w.-nr.lrJ - Q h 2I : - I � �.k ` � , ✓.�j�ww"Y �r'�� �.x���a� lr�w.v rf. .r, i>.or+r ,c�ra rv- n-. , r,� r • :. '. - - •• �l� r \ t ! � .xn�t} " r r� D 'v ,. �i� Ih�� � f/ �.r�.v.'w..,M..r /v -r'`.r'..Rry .1. r,►OCYl I C1►s-l_.7�-s..r♦ r •.'r:I � ; I 1 '.�' .. .. ., :1; .J" •f s I r f ^"/`7 -i+�" �. rM.�.'+ •M rn.a.-o..•,.�w.• N �-w• rnr r.ec.• �i O ♦ ! : r r lTi •� r/iv/ ate/ e/ Ab wr! /.fib iw iy rw yc ox� .-rws� 'Ys' .vnww on r . c S/ . r •4 'C � � UI , t, 'ftY-..7C `1 .vf' r.SA.wr(.0 y:. s N'•/w ,: ,>- .•.J „a .. � 1 • .�. ., --- - TMr1 rl.r P C7w roll cawa>pryp.p N6LI onvn,lsw./rs o/ OQreooCClnf prop •,r• FrN'If W •.v _ . _ ' 1 •w . y v � ♦ wr-e.... . u - D 'r BLi CK ~~� p— ar ,... • . ' a rry orn �• caarrycr r'e-- NIa,.OI CQI•C•l. vrla.n4 0 T1 Tp�/f�, p� /ysop,,ro _ r.+c.. sl..e.. aourrrv, Lo.•.w deerr�orlr rd ry af� ,>'•r, a. rL •�a•>•e'.:v--..�• �O •. /k I M r S Ar�r..l�./-4R&„- .. •. — • _ 9T.T/ OI• RArC1, /MCI .4MAKnII jII,.J ,.r.• .'••I'�' •.� •..q '- '..r. '' .'•.. ..... w 1 r , cou.•rr o• 1.,.•w Mnc.• } 1 • / BL CK S MIcEC FRESH Wltr u'NS f 1 I l • 7 / 1 /O s 4w RavYr- not C/4r,/r ""t f 1• :.r-o•1' ••�• ' `!!•+ _ - •. /Ab Cow rrr JvOscrrt•M o•W I-.a•-n t' [b -« me zo m p �/TIo r.on am oY .fllwr a r.l�: ice• •... r^•• •T. kapr nor rno.nru:•r rrr ukV,. a>r►d~'wrtrrw ya'. •'. w • �/" r.rrN rrl wplo lam/ o»• '!'e :: +:+ •,• ' !f Att dE _w f % tl� Crn,rv•vrl'.r,uI�ro/i c DEEMUD0o 010. AU r•I c,�-/L/o rr/w 3u4V(YCR1 MOrlfwc�•.�. ••.+s.r. :� 'iwvw.../ ♦. M. .....•a.. r..... -2 t �? ', . . I_j3• •>C. r// /iN w.K.V• r.,r.TMI Y ��. j • , . ;mow • w,wo..s a c x.rr . a.s .•r o n� , r/elrcrwv aa. aor L.wl /.»,lorn ,��` +f�/{- I r , I , t '�'!(- j' •t r1' _' r ;•.. .rr taa "ill a,w•//s or..lernp l,.o.rM \�'l }. . ..+1 a.owr .r/ �o a .w .lsaArro ✓r,a.•.M Tel , s.' •Zi i? • R•�Y..' w' 1•n�` 1 : V•.',r/.r .!• •YI•.. �Itir rr cr •.,D -- _ 1� - ( _ BROWARD COUNTY v. NARCO REALTY, INC. Fla. 509 Cite as, FlaApp., 359 So.2d s" BROWARD COUNTY, Florida, a political subdivision of the State of Florida, L A, Hester, Broward County Administrator, Gerald F. Thompson, Hugh Anderson, R. B. Barkelew•, Ken Jenne, Anne Kolb, Jack L Moss and J. W. Stevens, as mem- bers of the Broward County Commission and constituting the Broward County Commission, James V. Denkenberger, Jr., County Surveyor of Broward Coun- ty, and John M. Gerren, Jr., Director of Transportation and Planning of Bro- ward County, Florida, Appellants, Case No. 76-1920, V. NARCO REALTY, INC., a Pennsylvania Corporation licensed to do business in the State of Florida, Appellee, Case No. 76-IPM, Appellant, Case No. 77-868. Nos. 76-1920, 77-868. District Court of Appeal of Florida, Fourth District. May 23, 1978. Rehearing Denied June 28, 1978. Landowner and county and certain of- ficials thereof brought consolidated appeals from decisions of Circuit Court, Browarci County, Frank A. Orlando, J., concerning county approval of subdivision plat of land. The District Court of Appeal, Downey, C. J., held that county had no discretion to refuse plat approval where landowner met all legal requirements for platting land; trial court correctly issued peremptory writ of mandamus so ordering. Appeals dismissed. Cross, J., concurred specially with opin- ion. I. Municipal Corporations c543 All persons similarly situated should be able to obtain plat approval upon meeting uniform standards, otherwise, official ap- proval of a plat application would depend upon whim or caprice of public hods in- volved. 2. Counties <-­7 County had no discretion to refuse plat approval where landowner met all legal re- quirements for platting land. Sp.Acts 1953, c. 28946 § 14 as amended. 3. Counties e-7 Granting approval of plat to landowner who met all legal requirements for platting land was ministerial act which was not within discretion of county commission and landowner was entitled to peremptory writ of mandamus ordering the approval; State ex rel. Zuckerman -Vernon Corp. v. Cite of .Miramar, 306 So.2d 173, receded from. Harry A. Stewart and Betty Lynn Lee, Gen. Counsel for Broward Count}, Fort Lauderdale, for appellants in case No. 76- 1920, for appellees in case No. 7-868. Robert E. Ferris, Jr., of Gustafson, Cald- well, Stephens & Ferris, Fort Lauderdale, for appellees in case No. 76-1920 and for appellants in case No. 77-868. DOWNEY, Chief Judge. Broward County and certain officials thereof filed a plenary appeal in Case No. 76-1920 to review a Peremptory Writ of Mandamus commanding appellants to ap- prove a subdivision plat of land located in the City of Parkland, Broward County, Florida. Narco Realty, Inc., has filed an interlocu- tory appeal in Case No. 77-868 to review an order which denied appellant's (Narco Real- ty) motion for contempt and partially granted Narco's motion to compel. Narco Realty, Inc., owns a tract of land in the City of Parkland which it proposes to subdivide. In furtherance of this plan Nar- co submitted its subdivision plat to the County Commission of Broward County for approval which was refused. Thereupon, Narco filed a Petition for Writ of llanda- mus against the County and various county officials seeking to require them to approve the proposed plat so that it could lw record- ud. The plenary app e.11 hY the County, et 510 Fla. 359 SOUTHERN REPORTER, 2d SERIES al., is from the granting of the Peremptory Writ. While the plenary appeal was pending, this court entered an Order requiring the County to pout a supersedeas bond if it wished its appeal to supersede the Peremp- tory Writ. However, the County chose not to post the supersedeas bond, whereupon Narco asked the trial court to hold the County and its officials in contempt for refusing to follow the commands of the Peremptory Writ. Narco also requested the court to compel the County to approve the plat for record. The trial court denied the motion for contempt and ordered the County to approve the plat with certain conditions. The interlocutory appeal from that Order has been consolidated with the plenary appeal. With regard to the full appeal from the issuance of the Peremptory Writ, the main thrust of appellant's attack is that the ap- proval of a plat by the County Commission is a discretionary act and cannot be made the subject of a Writ of Mandamus. The appellant relies heavily upon our decision in State ex rel. Zuckerman -Vernon Corp. v. City of Miramar, 306 So.2d 173 (Fla. 4th DCA 1974), to support that principle. Appellee contends, on the other hand, that its Petition for Writ of Mandamus and the stipulation of counsel at the hearing which gave rise to issuance of the Peremp- tory Writ demonstrate that there was no discretion remaining in the Commission in this case. The petition and stipulation show that all of the legal requirements for approval of a plat for recordation have been met. Those legal requirements are con- tained in Chapter 177, Florida Statutes (1975) and the Broward County Plat Act.' It appears to be the County's contention that, even though Narco has complied with all of the legal requirements for platting land contained in the general law and Spe- cial Act, the County Commission still has the discretion to approve or to refuse ap- proval of any plat, because both Chapter 177 and the Special Act provide for approv- al by the County Commission. We reject the County's construction that those provi- sions of the statutes give the County unbri- dled discretion to deny approval. [1) All persons similarly situated should be able to obtain plat approval upon meet- ing uniform standards. Otherwise, the offi- cial approval of a plat application would depend upon the whim or caprice of the public body involved. Yokley, in his work, Law of Subdivisions, § 52, states: "Thus, while public policy requires munic- ipal control of such development, never- theless, the authority of a town to deny a landowner the right to develop his prop- erty by refusing to approve the plat of such development is, by statute, made to rest upon specific standards of a statute or implementing ordinances. Thereafter, the approval or disapproval of the plat on the basis of controlling standards be- comes an administrative act." Likewise, in Section 53 of the same work, the author states: "When the statutes and ordinances have been complied with in making a plat of a subdivision, the active approval by a vil- lage board has been held to be ministeri- al, and such act may be enforced by a writ of mandamus." 4 Anderson, American Law of Zoning (Second Edition) § 26.04, (1976) states: "Mandamus to compel plat approval has been successful where the court, ap- plying common-law principles, deter- mined that when a subdivider has com- plied with all of the standards for plat approval, such approval is a ministerial act which the court may compel through a writ of mandamus " There are numerous cases which apply this same principle, among which are: Knutson v. State, 239 Ind. 656, 157 N-E.2d 469 (1959); People ex rel. Jackson & Moms, Inc. v. Smuezynaki, 345 Ill.App. 63, 102 N.E.2d 168 (1951); People v. Village of Deerfield, 50 Ill.App2d 349,200 N.E2d 120 (1964); Kling v. City CouncG7 of City of Newport Beach, 155 Cal.App2d 309, 317 P2d 708 (1957). 1. Chapter 28946. Laws of Florida. Special Acts, 1953, as amended ® w BRON'ARD COUNTY v. NARCO REALTY. INC. Fla. 511 Cite as, Fla.App., 359 Sold 509 [Z 3) Section 14 of the Broward County Plat Act, which pertains to the granting of approval of a plat provides that such ap- proval may be "subject to such conditions as the governing body of the municipality and/or the Boards of Countv Commission- ers or Public Instruction may deem to be in the best interest of the public." Without pursuing the validity of that provision which has not been attacked here, we hold that, having met all of the legal require- ments for obtaining plat approval, the coun- ty must approve Narco's plat so that it can be recorded. Inasmuch as Narco has met all of the legal requirements for platting land, the county had no discretion to refuse this plat approval and the trial court was correct in issuing the Peremptory Writ of Mandamus. We would distinguish our case of State ex rel. Zuckerman Corp. v. Cit-v of Miramar, supra. In Zuckerman the court expressly held: "Here, clearly, the consideration of the plan involved the exercise of judgment and discretion. Did the plan meet the zoning requirements'' Were the zoning requirements legal and binding? What was the effect of certain condemnation proceedings and other changes upon den- sity requirements? Was the City es - topped?" Id. at 175. Whereas, in the case at bar, the property owner has done all the law required of him to entitle his plat to be recorded. At that point any discretion in the County Commis- sion vanished. There are some rather broad statements in Zuckerman which might lead one to conclude that mandamus never lies to require approval of a plat. While Zuck- erman is clearly correct on its facts, to the extent it might be interpreted to hold that mandamus will never lie to require approv- al of a plat, we recede therefrom. Upon remand the county shall approve the plat in question in accordance with the Peremptory Writ of Mandamus issued Au- gust 16, 1976, and such approval shall not contain any conditions relative to this liti- gation as were contained on the plat ap- proval in the resolution of the County Com- mission dated March 1, 1977, and recorded in Official Records Book 6927, page 518, of the Public Records of Broward County. Our disposition of the plenary appeal in case No. 1920 renders the issues raised in the interlocutory appeal No. 868 moot. Ac- cordingly, the interlocutory appeal is dis- missed. DAUKSCH, J., concurs. CROSS, J., concurs specially, with opin- ion. CROSS, Judge, concurring specially: I concur in the conclusion reached by the majority only because the parties to the instant appeal have stipulated that all nec- essary standards prescribed by law for sub- division plats have been met by the appel- lee. I perceive broad areas of discretion granted to the Board of County Commis- sioners which in ordinary circumstances would render the remedy of mandamus in- appropriate. E. g., Section 14, Ch. 28946, Laws of Florida, Special Acts 1953. More- over, 1 see no reason to recede from State ex rel. Zuckerman -Vernon Corp. v. Citj, of Miramar, 306 So.2d 173 (Fla. 4th DCA 1974). That case dealt with the situation wherein the petitioner sought mandamus before any action, either for or against the proposed subdivision, was undertaken by the city council. Even so, the court therein recognized that mandamus would lie to compel action, but could not mandate the course of such action where discretionary matters remained unresolved. The Zucker- man -Vernon case has no application to cases such as that sub judice where all prerequi- sites established by law for the approval of subdivision plats have been met and the approving body has withheld its approval arbitrarily. w o �sErsua8ER5rStEY MOCK, ROOS & ASSOCIATES, INC. ENGINEERS • SURVEYORS • PLANNERS 5720 CORPORATE WAY • WEST PALM BEACH, FLA. 33407x �3 113 May 1, 1990 y�ArEOf \ MEMORANDUM73 _— _a bb M U�c To: Tom Bradford, Manager, Village of Tequesta From: Tom McCarthy Subject: Lot 8, Block 2 - Plat of Country Club Point as Recorded in Plat Book 27, Page 112, Palm Beach County These are my initial comments after making a cursory review of the material furnished to me by your staff: 1. The lot width definition in the Village Code is poorly written in that it really only works where the side lot lines are parallel and the front lot line is straight. Obviously, there are many conditions which this definition will not fit and this particular lot is one of those conditions. Nevertheless, it is probably safe to say that at the building setback line there is at least 75 feet lot width for proposed Lot 8A and proposed Lot 8B. 2. One thing that does bother me about this proposal is that the original plat defines the easterly boundary of Lot 8 as apparently being the mean high-water line of the Loxahatchee River. Subsequently, a bulkhead has been constructed which enlarged Lot 8 substantially over the ± dimensions shown on the original plat. Therefore, I am not sure that this entire area can be described as Lot 8, Block 2, without describing the property that has been added to the original Lot 8. This also brings up the question of whether there is sufficient land area to meet the Village Code. I am inclined to think that this proposal can be brought into conformance with the Village Codes but it appears to me that there are some technicalities which need to be addressed, especially in view of the controversial nature of the proposal. TMc/drh p0e4A_AX---. Tom McCarthy, Jr., P. E. -+v-q AMHONY J. FALOPCO, P.E. T 9 VILLAGE OF �ESTq 90-023 � L �1AY•6Is ;gv �E Hepburn Ave., Suite 28, Jupiter, Florida 3345 (407) 744-WI May 1. 1990 Mr. Tim Goldsbury, Pre aid� Country Club Point Property Owners Association, Inc. 20 Tradewinds Circle Tequesta, Florida 33469 Re: Lot 8. Block 2, Plat of Country Club Point PB 27, Pg 112, Palm Beach County ORB. Dear Mr. Goldsbury, Pursuant to your request I have reviewed the Village of Tequesta Ordinance # 56, and Comprehensive Zoning Ordinance and the proposed subdivision of referenced lot 8 and offer the following engineering opinion on the subdivision of said lot 8. Ordinance No. 56 of the Village of Tequesta regulating the subdivision of land, page 1232, states "All proposed subdivisions shall conform to the Village Zoning Ordinance and to elements of a Comprehensive Plan that have been adopted by the Village. The definition of Lot Width pursuant to The Village of Tequesta Comprehensive Zoning Ordinance (adopted 09/25/87) Is: The mean horizontal distance between the side lot line measured at right angles to those side lot lines at the building line. This definition fits very well to a rectangularly shaped lot. In the case of a pie shaped lot this definition of lot width is not applicable. The code definition fails to elaborate on the computation of lot width for irregular shaped parcels. Sincerely: i ZOX .1� Anthony alotico, P.B. Florida Certificate #26811 The following residents of Country Club Point, qualified in engineering or science, have examined the Plot of Lot 8, Block 2, According to the Plot of Country Club Point as Recorded in Plot Book 27, Page 112, Palm Beach County, Florida Public Records and agreed that if subdivided, it would not meet the minimum width requirements for R-1 district. The definition of "lot width" as set forth in the Comprehensive Zoning Ordinance does not define minimum lot width. The arquement that the definition of "lot width', would produce a rational answer for the width of a lot is unpersuasive. The definition is vague and meaningless. J. William Rose-Hulman Insti to of Technology - Engineering Paul F. Hickey University of Notre"Dame - *'athematics William G. Kirkland ,i&I �zjjx�� University of Southern Ca o is -Engineering (Reg.P.E.) John W. Woodruff Yale University -06h sic L.D. Slepow University of iami - n i ring Reg.P.E. _Iafa e JOHN L. AVERY, JR. HAAS BUILDING • SUITE SOO 1001 NORTH U S. HIGHWAY ONE JUPITER, FLORIDA 33477 .IOHN L. AVERY, JR ►IPCHAEL J. BURLEY April 25, 1990 Mr. Thomas G. Bradford Village Manager Village of Tequesta P.O. Box 3273 Tequesta, Florida 33469 Re: Jara, Inc. Application for Subdivision Review Dear Mr. Bradford: TELEPHONE (407) 747-6666 TELECOPIER (407) 744-0670 I have been retained by Tequesta Country Club Point Property Owner's Association, Inc. along with individual property owners concerning the application to subdivide a lot located at 31 Tradewind Circle in Tequesta which has been filed by Jara, Inc. with the Village of Tequesta. It is my understanding that Jara, Inc. is applying to the Village to subdivide one platted lot into two separate lots. The survey of the lot indicates that it cannot be divided without leaving one lot with less than the 75 foot minimum width required by the Village of Tequesta. Also, the Village zoning ordinances permit only one dwelling per platted lot. The lot sought to be divided is platted and its division would create two lots on which construction of houses would be in violation of the zoning ordinance. It has also come to my attention that the restrictive covenants for a subdivision, which run in favor of all unit owners, provide that no lot shall be subdivided. My clients and more than 90 homeowners in the subdivision strongly oppose any action by the council which would permit the division of the lot in question. It is my understanding that the matter is scheduled to be brought before the Village council on Mr. Thomas G. Bradford April 25, 1990 Page 2. Thursday of this week. Although I will find that the town attorney the matter and advise the council subdivide the lot. Hopefully, the litigation. Best personal regards. Very truly yours, J07 L. AVERY, JR. JLA:nw cc: John C. Randolph, Esquire may be wrong, I think that you will agree with my analysis of not to approve the attempt to matter can be resolved without COUNTRY CLUB POINT PROPERTY OWNERS ASSOCIATION TEQUESTA. FLORIDA May 8, 1990 Mr. Ronald K. Kolins 9th Floor Barnett Centre 625 North Flagler Drive P. 0. Box 3888 West Palm Beach, FL 33402 Dear Mr. Kolins, Thank you for your May 3rd letter. Mr. L. D. Slepow has discussed your letter with me after I returned from my West Coast business trip, and he agrees with the following response. There are a few residents who are seriously objecting to two dwellings on Lot 8 Block 2 in Country Club Point. The more serious objection by several hundred residents in the Tequesta Communities is the use of Ordinance 56, adopted in 1962 to resubdivide an existing, platted and approved subdivision as a means to accomplish this objective. If this proposal was submitted to the Zoning Board of Adjustment requesting a variance, I am sure the proposal would have been reviewed and settled in a fair and just manner to all concerned. Sincerely, Tim Goldsbury, President cc: Mayor Capretta Tom Bradford TEQUESTA COUNTRY CLUB COMMUNITY ASSOCIATION P. O. BOX 3006. TEQUESTA. FLORIDA 33458 ;V. Vulagt o� Teguea& Comciil Men", VLtZVe lU- FA�1f; 7%tu& Co C1u6 Cam Aeeo dAb:o^ tageA Re-Subdi.viei.vn D4T�: mv 9, /99e /. AE 7%Le & Cow'&+ Club Co'"mr� Ad&6 A6& UJI / alonthlg &a4d mee ti1g on /10ndaY /thy 7. Z ReVmdi„g h6 pwpoded Re-eu6di.vi.eian o� L.o# #8 in Cowt&y Cjj .Ab point; out &a4d ij wtar muelg oppo aed ,& allaning #hc Re-Aj6d Lvtdi,ng o� exi e,ti"g eu6di. vi.ei.one ei,thc t in #hi.e &MUOLLtg o,t in MV OAfA .eu6di VZA!.on in the VU419 a o� 7%2u.6& We Ael A" w4V vLola,& .ZA& iuLteg i.tg o� all .aubAvi atone and wzt t lead a AtezWoun o� cri.e ting Co venan,t e ad Deed Re e,t4jctione. 4. Oua Deed Reetvxe i ona pnvhi ba any . o t �Iom 6" gee-eu6dL vided exee�at by apPnD� O� .At Aawcia#i.,on. 5 Vt Ul Cow a-e deei.ai ona and VWe 04duwn.cee 4AOa& be mr: ai.e#en# uk,th the Deed ReAtu bona O� Z"" Camuuk4 OiZcA mu pll the as original Subdlvidion o� Tefiee.ta mot 6 1961. 6. Fu&tiiei, we. AeL Ame jhould u be nece 4mky & divide any piteviou bi p. a.t#ed L# <n an vciz&V eubdi.vt.dwN AcU the matteu be !handled ad a Vauance and not hin# at c4ea&V a nea 4iMi.vi4jon in an aL"e exizlg one. 7. RAopveed O,,ld =ze No. n8 wmw di% OAdinance No. % wU-ien in 1962, 4&uld 6e c&Aili,ed eo ad not to be eon &ued ,& PeW&U A,_*IMi.vt.eion o� axi4bng 4uldr.vLe<vne in .the W tagt oil 7"&..9# juuld appear, AZA OAd nonce i e mean# ,& apply 6 nee A1& vt4wna, TEQUESTA COUNTRY CLUB COMMUNITY ASSOCIATION P O BOX 3006, TEQUESTA. FLORMA 33458 %o: Vi.(&je nCoJuua&-, o� Tequed& VLV-age Ad%&aAtw-twn We .the wu"i ped Re4i2ea, 4 o� 7eque4& CounLv Club Comm&Lay a/.e again4.t allowing %fie-4u6di.viding o� exi.4ting 4u6divc.4ion4 eitt wA to Zt uA Com'umZiy on in any o.th.eA Subdi.v4,4wn in ,the Vi,C cve o� 7eque4.ta,. We �ee. .that ttfu.4 mi.0 violate ,the &Ueq, , y o� .the Su6di.v"4on4 and uk.0 .Lend to a 6zea4doan o� exi4Ztifij Coverwnt,4 and Deed Re4t4i,.ction,& Alf AY.ylf u 21. TEQUESTA COUNTRY CLUB COMMUNITY ASSOCIATION - P. 0 BOX 3006. TEQUESTA, FLORIDA 33458 /v: Vi.11a�e COaa&.- 0� Tequee,ta VLV-age &M niA�-on. We the wide/wi yied eeiden,t a a� Teque,.ta CountV Club Cc agairt.�t a,lloi wl Re-.6u-VLviding o� eXL4,4ing da6dLvi4i,one eZthea in C°fiuuu,t� 02 inanyo theA Subdi vi.eiun, in the Vi.LCage o� Tequee tcz. We Ael thou tAi j wi U vto, a to .the in,&gA,i,% O� .the SubdLv<,eivn,a and uk,ll lead tv a 62eafadcw,n o4 ezl,aL ng, Covetan.ta and Deed Ileetiuctivn,o. N/W /2. A /5• 16. 17. 18. /V. 2/. �u TEQUESTA COUNTRY CLUB COMMUNITY ASSOCIATION P. 0 BOX 3006, TEQUESTA. FLORIDA 33458 %o: VitLie Counci,L o� Tequee.ta Va. aje &m&uz4wtwn We the undeuirdned Re4i.den,t4 o� 7eque4.ia CowUV Club Comnurut,u acre a pin4.t a Cl�L-L , Re,jubd i. vid&V o� ex,i. ,tom dubdi vLdi orw ei thea i a .t" Cowwni-ty vz in any v.th,e,4 Su6dLvi.ai.vn in .the Vi.U.age o� Tej.c"t . We {eel i4a. .tiZ4 wzU viol a ih.e &UegAi,ty v4 .the SubdivZ4wr,o and ukU .Lead tv a 61twJdvun 04 exi.et,tinq, Covenan, 4 and Veed Re taiction4. 10. 12. /3. A. 15. 16. 17. 18. 19. 21. TEQUESTA COUNTRY CLUB COMMUNITY ASSOCIATION P O BOX 3006. TEOUESTA. FLORIDA 33458 To: Vi ,&je Couaci,. o� Tei e4,4a Vi.C,a,ae Adn&UAtwtwn We .the unde uiVn.ed 1?e4i-den A o� Ted e4& CoaatAy Club CannarLay aae asain4ot "win;, /?e-,jubdi.vid V o4 exi.o.tin 4u6xli vc awn a eiJAea c a t" Co'nnun 4 o'z in anY o.thea Subd""wn La the VilGC e o4 TeV"i-a. We lee.0 tt cU thi.4 rui.0 vioicUe .the &Ue�,z ty 04 .the Subdivi, iorw and um-U .dead tv a bam4doun 04 extALbng Co vewA,i4 and geed ?e,4t z.Lctwr" At z 6. 7• 9• io. /2. 1.3. /4. 15 16. 17. 18. /9• 2/. Z'tv f;-i r E.