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V15
Memorandum
To: Public Safety Committee Members
From: Thomas G. Bradford, Village Manager
Date: . May 31, 1996
Subject: Zoning Ordinance Amendment; Specific Medical Hardship
As you will recall, Tom Little, 486 Dover Road, previously had
requested a waiver for the parking of his motorhome, which had
been denied. Subsequently, on October 12, 1995, Mr. Little
approached the Village Council, seeking help relative to the
hardship that was facing him relative to access to his travel
trailer for his wife, whom he claimed to have a medical hardship.
A copy of that portion of the Village Council Meeting Minutes is
attached for your review. The Village Council voted 3-2 to have
staff look at the existing portion of the Tequesta Zoning
Ordinance to see what could be done. In this regard, attached
hereto, please find a draft of an Ordinance prepared in this
regard for your review and consideration. This amendment
provides a provision for medical hardship waiver under certain
conditions enumerated within the Ordinance.
Just as a point of information, at your recent Village Council
Meetings, Mr. Little has been indicating that Attorney General
Opinions indicate that it is illegal for municipalities to adopt
regulations for handicapped parking. The Village Attorney
advises me that this is not the case.
TGB/krb
Attachment
a '
JONES, FOSTER, JOHNSTON & STUBBS, P. A.
ATTORNEYS AND COUNSELORS
FLAMER CENTER TOWER
505 SOUTH FLAGLER DRIVE
ELEVENTH FLOOR HENRY F.UUENTHAL
CARRY B.N ALEXANDER JHN MICHAEL I MICRRANZ WEST PALM BEACH,FLORIDA 33401 1902.1982
CARL ANGELOFF JOHN GLAIR McCRACKEN
STEPHEN J.AUCAMP SCOTT L.MCMULLEN HARRY AL-SON JOHNSTON
M.TRACEY BIAOIOTTI DAVID PRATT P.O. BOX 3476 1895.1683
CLAY C.BROOKER JOHN C.RANDOLPH
JOYCE A.CONWAY STEVEN J.ROTHMAN WEST PALM BEACH,FLORIDA 33402-3475 R.BRUCE JONES
MARGARET L COOPER PETER A.SACHS •
19041999
EDWARD OIAZ D.CULVER SMITH III (407)858-3000
REBECCA 0.DOANE SIDNEY A.STUBBS FAX:(407)832-1454 PAUL C.WOLFE
CHRISTOPHER S.DUKE ALLEN R.TOMUNSON 1933-1991
H.MICHAEL EASLEY JOHN S.TRIMPER RETIRED
SCOTT O.HAWKINS MICHAEL P.WALSH '
THORNTON M.HENRY BRIAN K.WAXMAN WILLOW A.FOSTER
PETER S.HOLTON H.ADAMS WEAVER WRITER'S DIRECT LINE: OF COUNSEL
MARK B.KLEINFELD
L MARTIN COUNSEL
AN
JACK A.PLISCO
May 22, 1996 Village of Tequesta
Mr. -Thomas G. Bradford MAY 2 4 1996
Village Manager Village Manager's Office
Village of Tequesta
Post Office Box 3273
Tequesta, Florida 33469-0273 •
RE: Village of. Tequesta
Zoning Ordinance Amendment; Specific Medical Hardship
Our File No. 13153 .1
Dear Tom:
Pursuant to your request in your letter of May 2, 1996, I have
amended the draft ordinance relating to medical hardships for the
parking of commercial vehicles, trucks and recreational vehicles on
private lots. I am also providing herewith a form which staff may
wish to have available.
Sincerely,
JONES, TER, JOHNSTON & STUBBS, P.A.
hn C. Randolph
JCR\ssm
Enclosures
ORDINANCE NO.
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AMENDING ORDINANCE NO. 355, THE
COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE,
AS AMENDED, AT SECTION X (L) , COMMERCIAL
VEHICLES AND TRUCKS, RECREATIONAL VEHICLES ON
PRIVATE LOTS, SUBSECTION (4) , SO AS TO PROVIDE
THAT THE VILLAGE COUNCIL MAY GRANT A WAIVER OF
SUBSECTIONS (2) AND (3) OF ITEM (L) ; PROVIDING
CRITERIA FOR GRANTING SAID WAIVER; PROVIDING
FOR ANNUAL RENEWAL; PROVIDING FOR REVOCATION;
PROVIDING FOR AN APPEAL PROCESS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS :
Section 1 . Ordinance No. 355, the Comprehensive Zoning
Ordinance of the Village, as amended, is hereby amended at Section
X (L) , Commercial Vehicles and Trucks, Recreational Vehicles on
Private Lots, Subsection (4) to read as follows:
" (4) Any part or the whole of sections (2) or (3) of
item (L) may be waived by the Village Council on the
filing of a written application for such waiver setting
forth the reasons for the request. Such application must
set forth a hardship on the part of the applicant, and
granting of the request by the Village Council must be
based on the hardship. Hardship, for purposes of this
section shall include the criteria to be shown to obtain
a variance from the terms _ of the zoning ordinance as
specified under Section XIII (E) of Ordinance 355 . A
waiver may also be granted for medical hardship upon the
applicant meeting the following conditions:
(a) The parking of the vehicles described in
Sections 2 and 3 cannot reasonably meet the
terms of this ordinance without the granting
of a waiver.
(b) That the vehicle for which the waiver is
sought is necessitated for the use of the
transportation of a physically handicapped
person living on the premises and that another
vehicle, not regulated under the terms of this
ordinance, is insufficient for transportation
of said physically handicapped person.
Y
(c) The vehicle for which the waiver is sought
shall be specifically equipped for the
transportation of a physically handicapped
person.
(d) That a notarized letter attesting to the truth
of the information contained therein be
provided from a medical doctor verifying that
the person on the premises for whom the waiver
is requested is physically handicapped and is
in need of the vehicle for which the waiver is
requested for transportation purposes.
Any waiver granted herein based on medical hardship shall
be renewed annually by application to the Village Manager
by the filing of an affidavit and proof by the applicant
that all conditions set forth herein are still in effect.
In event it is determined by the Village Manager that
said conditions are no longer in effect, the permit for
the parking of such vehicle shall be revoked. In the
event of revocation, the applicant may appeal the
decision of the Village Manager, in writing, within
thirty (30) days of the decision of the Village Manager,
to the Village Council which shall make a final
determination in regard to the waiver. "
Section 2 . Severability. If any provision of this
Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of
this Ordinance which can be given effect without the invalid
provisions or applications, and to this end, the provisions of this
Ordinance are hereby declared severable.
Section 3 . Repeal of Ordinances in Conflict . All other
ordinances of the Village of Tequesta, Florida, or parts thereof
which conflict with this or any part of this Ordinance are hereby
repealed.
Section 4 . Codification. This Ordinance shall be codified
and made a part of the official Code of Ordinances of the Village
of Tequesta.
Section 5 . Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided by
law.
THE FOREGOING ORDINANCE was offered by Council member
, who moved its adoption. The Ordinance
was seconded by Council member and upon
being put to a vote, the vote was as follows:
2
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and
adopted this day of , 1996 .
MAYOR OF TEQUESTA
Ron T. Mackail
ATTEST:
Village Clerk
JCR\131530RD\HARDSHIP.ORD
3
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared
, who first being duly sworn and
cautioned deposes and says :
1. My name is , and I have
personal knowledge of the information contained herein.
2 . I am a licensed
with offices located at
3 . I am the treating physician for
who currently resides at
in the Village of Tequesta, Florida.
4 . That is physically
handicapped by reason of
5 . The above described physical handicap of
, necessitates the use of a vehicle
specifically equipped for the transportation of a physically
handicapped person.
6 . This affidavit is made on behalf of
for the specific purpose of
securing a medical hardship waiver from Ordinance No. 355 of the
Village of Tequesta, as amended, at Section X (L) , relating 'to the
parking of commercial vehicles, trucks and recreational vehicles on
private lots within the Village of Tequesta.
FURTHER AFFIANT SAYETH NAUGHT.
Sworn to and subscribed before me this day of
, 19 9_, by , who
is personally known to me, or who has produced a Florida driver' s
license as identification.
Notary Public
My commission expires:
JCR\131530RD\HARDSHIP.AFF
y .
VILLAGE COUNCIL
MEETING MINUTES
OCTOBER 12, 1995
PAGE 28
Mr. Thomas J. Little, 486 Dover Road, reported he had
requested a waiver for the parking of his travel trailer,
and had requested a definition of "hardship", which had not
been provided; and therefore had requested a second waiver
from the Building Department on September 28 for the parking
of his travel trailer without a definition of "hardship".
Mr. Little questioned why his request had not come before
the Village Council. Mr. Little read aloud a letter from
the Code Enforcement Officer, who had advised that Mr.
Little' s request for waiver had been denied by the Village
Council and that he must comply within ten days or appear
before the Code Enforcement Board. Mr. Little requested
help from the Village Council since he needed to park the
travel trailer near the door of his home so that his invalid
wife could have access. Village Attorney Randolph reported
that Mr. Little had requested a waiver based on a hardship,
which had been denied. Village Attorney Randolph explained
that hardship was not meant to be a medical hardship, but
something unique to the parcel of property, and the denial
had been made partially on that basis. Mr. Little stated
that the original variance had been acted upon by the
Village Council, but the second one had not come before the
Council. Village Attorney Randolph explained there was only
one variance that could be obtained, and the Code
Enforcement Officer had no choice other than to cite Mr.
Little for a violation. Mr. Little referred to the minutes
of February 23, 1995, which stated that staff was conducting
research into the matter. Village Attorney Randolph
explained that he believed nothing was pending at this time.
Village Attorney Randolph stated the basic criteria for a
hardship was something unique to a particular parcel of
property which was different from other parcels of property
in the Village under the jurisdiction of the ordinance which
should allow special treatment in similar circumstances.
Councilmember Capretta recalled the case, in which it had
been found that the travel trailer could be parked in an
area allowed by the Code if two big trees were removed,
however, that would not have helped since Mrs. Little was
unable to go around the house to get to the trailer and
needed access near the door. Councilmember Capretta
commented that the variance had been denied by the majority
vote of the Council, and that Mr. Little had returned at a
x
VILLAGE COUNCIL
MEETING MINUTES
OCTOBER 12, 1995
PAGE 29
later date to request the definition of "hardship" in hopes
of finding a way the variance could be granted for a medical
hardship, and had requested a second waiver on that basis.
Councilmember Capretta suggested that the Village Council
should consider finding a way to grant the request, and
questioned whether there was a time period which would have
to elapse after denial by the Council before another request
could be considered. Village Attorney Randolph agreed that
the time requirement could be researched. A member of the
audience pointed out that a medical hardship definition
should be included in the Code. Village Attorney Randolph
stated there was no such definition at the present time, and
that the Village Council could consider the matter, however,
it would be unusual since it would allow persons to do
something contrary to the Code on the basis of medical
hardship. A member of the audience spoke in defense of Mr.
Little's position. Further discussion ensued, during which
Mr. Little requested the Council' s help.
Councilmember Hansen recalled that Village staff had
measured the lot and offered an alternative which Mr. Little
had stated would not allow his wife access to the trailer,
and at that time Mr. Little had said there were five
beautiful trees that he did not want to cut down.
Councilmember Hansen further recalled that staff had
proposed that if the five trees were cut and a fence erected
that would provide an acceptable solution; however, Mr.
Little did not want to cut the trees. Mr. Little explained
that the motor home in that location would still not be
accessible by his wife.
A poll of the Village Council resulted in a 3-2 decision to
look at the existing ordinance to see what could be done.
XI. COMMUNICATIONS FROM CITIZENS
All communication from citizens had been taken earlier in
the meeting.
XII. ADJOURNMENT
