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HomeMy WebLinkAboutDocumentation_Regular_Tab 9B_6/12/1997 INTER. , OFFICEMEMO To: Thomas G. Bradford, Village Manager From: Damian Peduto, Planner Subject: Variance Petition: Addition to East Side of Existing Church First Presbyterian Church of Tequesta, 482 Tequesta Drive Date: June 4, 1997 Attached are eighteen(18) sets of packets for the above referenced project. The subject property is located within the Single Family Dwelling(R-1A)zoning district. Please place this item on the June 12, 1997 Council agenda. The variance request is for approximately 10 (ten)feet from the required 20 (twenty)foot setback, along the northeast corner/side yard. The applicant intends to build an addition onto the existing church structure within this corner/side yard, where plans submited with the variance application indicate that the proposed addition will encroach into the required corner/side yard setback approximately 10 feet. The subject property is approximately 4.41 acres and there appears to be room for an addition to the side of the existing church structure where this proposed addition is indicated on plans submitted with this application. Staff could not find a bone fide hardship and, therefore cannot recommend approval. • c. Scott D. Ladd, Community Development Director } • NOTICE OF ZONING VARIANCE PUBLIC HEARING THURSDAY, JUNE 12, 1997 7:00 P.M. Public Notice is hereby given that the Village Council of the Village of Tequesta, Florida, will hold a Public Hearing during the Village Council meeting Thursday, June 12, 1997, beginning at 7:00 P.M., in the Village Hall Council Chambers, 357 Tequesta Drive, Tequesta, Florida, to consider an application from First Presbyterian Church of Tequesta, 482 Tequesta Drive, Tequesta, for the construction of an addition with a corner side yard setback of 10.6' (feet) in lieu of 20' (feet) setback, as required by Code. At such time and place, the Village Council will hear all evidence in support of or in opposition to this application. PLEASE TAKE NOTICE AND BE ADVISED, "If any person decides to appeal any decision made by the Village Council with respect to any matter considered at this public hearing, he/she will need a record of the proceedings, and that, for such purpose, he/she may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based". PLEASE GOVERN YOURSELVES ACCORDINGLY. Village of Tequesta For the Village Council Elizabeth A. Schauer, Mayor gioet 6, ()",-.1(1,:f By: Scott D. Ladd Director of Community Development jmb Posted: May 28, 1997 LEGAL NOTICE ' NOTICE OF PUBLIC HEARING ZONING VARIANCE VILLAGE OF TEQUESTA Public Notice is hereby given that the Village Council of the Village of Tequesta will hold a Public Hearing during the Village Council meeting beginning at 7:00 P.M., Thursday, June 12, 1997, in the Village Hall, 357 Tequesta Drive,Tequesta,Florida,to consider: An application from First Presbyterian Church of Tequesta, owner of the property located at 482 Tequesta Drive, Property Control No. 60-42-40-25-00-006-0030, requesting a variance to the terms of the Official Comprehensive Zoning Ordinance of the Village'of Tequesta, Ordinance No. 355, as amended, Section VII, Schedule of Regulations and Application of Regulations, Subsection (C), Schedule of Site Requirements, R-1A Single-Family Dwelling District, minimum corner side yard setback, to allow the construction of an addition with a corner side yard setback of 10.6' (feet), in lieu of 20' (feet) setback, as required by the Code. • At such time and place, the Village Council will hear all evidence in support of or in opposition to this application. PLEASE TAKE NOTICE AND BE ADVISED, "If any person decides to appeal any decision made by the Village Council with respect to any matter considered at this meeting or public hearing, he/she will need a record of the proceedings, and that for such purpose he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony upon which the appeal is to be based". PLEASE GOVERN YOURSELVES ACCORDINGLY. Village of Tequesta For the Village Council Elizabeth A. Schauer, Mayor G. c11X By: Scott D. Ladd Director of Community Development Posted: May 22, 1997 Publish: May 28, 1997 R - ; Y c - a, 50 56 �/lallf! �) VILLAGE OF TEQUESTA I 'd CD DEPARTMENT OF COMMUNITY DEVELOPMENT Post Office Box 3273 • 357 Tequesta Drive •':�`�` Tequesta, Florida 33469-0273•(407)575-62.20 •4,• Fax: (407)575-6239 APPLICATION FOR VARIANCE NAME OF APPLICANT: First Presbyterian Church of Tequesta MAILING ADDRESS: 482 Tequesta Drive Tequesta, Fl 33469 PHONE NUMBER: ( HOME) ( BUSINESS)561-746-5161 fax 746-77 LOT/PARCEL ADDRESS: Section 25 Range 42 East Township 40 South LOT: BLOCK: SUBDIyISION: PROPERTY CONTROL NUMBER: 60 42 40 25 00 006 0030 NATURE OF VARIANCE: ( DESCRIBE GENERALLY THE NATURE OF TH VARIANCE DESIRED. ) Our proposed East Wing Addition extends -over the set back requirement JUSTIFICATION OF VARIANCE: PLEASE ADDRESS THE SIX CRITERIA LISTED IS ATTACHED ZONING CODE SECTION XI I I ( E)( 1)( b) 1. -6. See the Attached NOTE: APPLICANT SHALL INCLUDE THE FOLLOWING ITEMS WITH THIS APPLICATION: 1. CURRENT SURVEY OF PROPERTY SHOWING ALL STRUCTURES &SETBACKS. 2. DRAWINGS TO SCALE OF PROPOSED IMPROVEMENTS. 3. WRITTEN APPROVAL FROM PROPERTY OWNER. 4. ANY OTHER DOCUMENTATION PERTINENT TO THIS APPLICATION. 5. FIFTEEN ( 15) COPIES OF ALL SUBMITTALS. 6. APPLICATION FEE OF: ( A) SINGLE FAMILY - 6 300. 00 ( B) DUPLEX - 6 500. 00 ( C) MULTIPLE FAMILY - 6 750. 00 ( D) COMMERCIAL - 61,000. 00 1, , APPLICANT SIGNATURE: `C• ,;i_)'f�- 6- i4f M y f 9 ('DATE) • SCHEDULE OF SITE REQUIREMENTS Maximum Minimum Setbacks Maximum Minimum Minimum Minimum Minimum Lot Building Living Area Landscaped District Lot Size Lot Width Coverage Front Yard Side Yard Rear Yard - Height Requirements Open Space R-lA 12,000 sq. ft. 100 ft. 37% * 25 ft. 10 ft. for main 2(1 ft. for main 2 souics/3(1 ft. 1.600 sq. ft. 30% building and building or main building accessory structure or structure building 10 ft. for any 1 strti/15 ft. cont.e for anyaccessoryuildingfor a acing corner lot building or sung building or structure structure R-1 8,000 sq. ft. 75 ft. 37% * 5 ft. 71/9 ft. for main 20 ft. for main 2 siirics/30 ft. 1,2(10 sq. ft. 30% building and building or main building accessory structure or structure building • 10 ft. for any 1 store/15 ft. 20 ft. for any accessory for any acces- corner lot building or sory building or • • structure structure R-2 8,000 sq.ft.for 80 ft. 37% 25 ft. 7'/a ft. for main 20 ft. for main 2 stories/30 ft. 1,100 sq. ft. for 30% a single-family building and building or main building first 2 bdrms. • dwelling accessory • structure or structure plus 225 sq. ft. building for each addi- 10,000 sq. ft. 10 ft. for any 1 story/15 ft. tional bdrm. • • for a 2-family 20 ft. for any accessory for any acces- dwelling corner lot building or sory building or • -structure structure 10,000 sq. ft. for first 2 mul • - tifamily dwelling units plus 3,356 sq. ft. for each ad- ditional • • dwelling unit • not to exceed a maximum den- sity of 12 dwelling units per grass acre * For properties fronting Country Club Drive, the front yard setback shall be measured from the • roadway side of the 15' wide easements. In no event shall the building or structure be less than 25' from the edge of the roadway pavement of Country Club Drive. • • * For properties that are corner lots, where a side yard fronts Country Club Drive, the corner side yard setback shall be measured from the roadway side of the 15' side special easements. In no event shall the building or structure be less than 25' from the edge of the roadway pavement of May 14, 1997 Memo to: Department of Community Development Village of Tequesta From: First Presbyterian Church of Tequesta Subject: Application for Variance; List of Submittals 1 . 15 copies of Application and comments on the six criteria 2 . A $1, 000 check. 3. 15 copies current survey dated April 28, 1997 by Dean Surveying and Drafting showing all structures $ setbacks 4 . 15 copies of the drawing to scale of the proposed improvement. 5. The First Presbyterian Church of Tequesta is the owner of the property so •no approval letter is necessary. 6. 15 copies of a photo showing the proposed location of the addition and the distance and planting between it and Point Drive. 7 . 15 Copies of the front elevation of the church with the proposed addition included. kti'L The above materials delivered May 16, 1997 by John H. Holtoh• Lt Contact Persons : \ _ First Presbyterian Church of Tequesta Dr. C. Patrick Shaffer Phone 746-5161 FAX 746-7709 Richard Anschutz Phone 746-5845 10158 SE Acorn Way Tequesta John H. Holton Phone 744-9314 50 Beach Rd #301 Tequesta Lois Cario Phone 746-4870 40 Starboard Way Tequesta First Presbyterian Church Of Tequesta Attachment To Application For Variance The following facts respond specifically to the six criteria required under the section"Justification of Variance:" 1. There are several conditions in this case which are not applicable to other lands, structures, or buildings in the same Zoning district: a. Point Road is located far to the east of the center of the right-of-way so that the edge of the addition that extends into the setback is still over 50 feet from the road. The attached picture shows that there is a large stand of trees and palmetto substantially closer to the road which will compliment the new addition. b. The addition will still be farther from the road than other similar nearby buildings. 2. The original survey which the church and the Village relied on showed the new addition sixteen feet from the right-of-way. It was only when the new survey was made that it was found to be located over the setback line. We have looked at various alternatives to change the size and orientation of the addition and find that the proposed layout is the only practical architecturally sound choice for the following reasons: a. Expanding the addition toward Tequesta Drive detracts from the architecture and appearance of the church as viewed from Tequesta Drive. b. To narrow the building and expanding south,blocks the primary window lighting within the sanctuary. c. Making either of the above changes makes it difficult, if not impossible, to develop a workable and acceptable roof design. d. If we just narrowed the extension to fit within the setback line we would be forced to incorporate a much narrower design that would prove impractical for use as a choir rehearsal room and as a result an excessive per square foot cost. e. We have explored all other possibilities and feel we will have to give up the addition altogether if we are not allowed to closely follow this plan. 3. The granting of this variance will not grant us any special privilege since the location of the addition provides substantially more open area than the buildings on the other three corners. 4. The literal interpretation of the provisions of the ordinance will cause us unnecessary hardship for we desperately need handicapped restrooms for both men and women close to the sanctuary: a. The nearest ones are across the courtyard and through the fellowship hall. b. It would be prohibitively expensive just to build restrooms by themselves. 5. The variance granted will very definitely provide an excellent and reasonable use of the land and building, since there is no other location that makes better use of the church property. 6. The new structure would definitely be a very attractive addition to the area. As the drawing indicates it actually balances the front of the church with the stained glass window in the sanctuary becoming a very attractive focal point for those driving by on Tequesta Drive. Sec.XIII TEQUESTA CODE Sec. XIII Sec.XIII APPENDDC A—ZONING Sec.XIII SECTION XIII. APPEALS AND VARIANCES, BOARD OF ADJUSTMENT AND VILLAGE COUNCIL select its own chairman and vice-chairman annually at the first (A) Appeals and Variances. Appeals and variances described meeting of the calendar year. The building official or his desig- nated representative shall serve as clerk and advisor to the board. herein shall be considered by either the board of adjustment or the village council. The board of adjustment shall consider (4) All members of the board of adjustment shall be qualified appeals and variances relating to single-family properties and electors of the village. structures located within the R-1-A and R-1 Single-Family Dwell- ing Districts of the village. The village council shall consider (5) The board of adjustment shall adopt rules of procedure for the conduct of its business,consistent with the provisions of this appeals and variances relating to all other properties not within the jurisdiction of the board of adjustment, including properties ordinance. Meetings of the board shall be held at the call of the yithin the R-1-A and R-I Single-Family Dwelling Districts which chairman, and at such time as the board may determine. Such jire not single-family,structures and properties in all other zoning chairman, or in his absence, the vice-chairman or acting chair- districts to the village, and appeals and variances relating to man, may administer oaths and compel the attendance of wit- subdivisions in any zoning district. nesses.All meetings of the board and its files or records shall be open to the public. (B)Board of Adjustment. (6) The board of adjustment shall also keep minutes of its (1) A board of adjustment is hereby established, which shall proceedings, showing the vote of each member upon each ques- perform its duties as provided by law in such a way that the tion, or, if absent, indicating such fact, and shall keep records of objectives of this ordinance shall be observed, public health, its examinations and other official actions, all of which shall be safety, and welfare secured, and substantial justice done. immediately filed in the office of the board and shall be a public (2) The board of adjustment shall consist of five (5) regular record. members appointed by the village council and who shall serve (C)Appeals, Hearing, Notice. without compensation and for a term of three (3) years. In addition to the regular board members, two(2)additional mem- (1) Appeals to the board of adjustment or the village council bers, to be designated as Alternate #1 and Alternate#2,shall be may be taken by any person aggrieved or by any officer, Or appointed to serve in that order at meetings of the board when bureau, or department of the governing body of the village necessary on said board as a quorum. In the case of only three(3) affected by any decision of the administrative officer charged with enforcement of that portion of the zoning ordinance relating to members present, all present shall have to vote in favor of a variance to make it effective.Alternate members shall serve for the powers and duties of the board of adjustment or the village two (2)years, but of the first appointed alternate members, one council. Such appeal shall be taken within a reasonable time as (1) shall serve for one(1)year, and one(1)shall serve for two(2) provided by the rules of the board or the council,by filing with the clerk of the board or the council a notice of appeal specifying the years. Thereafter, alternate members shall be appointed for two-year terms. grounds thereof.The officer from whom the appeal is taken shall forthwith transmit to the board or the council all of the papers (3) Vacancies in the board membership by resignation, illness constituting the record upon which the action was taken. or other causes shall be filled by the village council for the unexpired term of the member involved:Members of the board of (2) The board or the council shall fix a reasonable time for the adjustment may be removed from office by the village council hearing of the appeal,give public notice thereof,by sending notice upon written charges and after public hearing. The board shall through regular mail to property owners of record within a Supp.Na 2b three-hundred-foot radius of the outermost perimeter of the 1208.6. 8upp.No.26 1209 Sec..XIII TEQUESTA CODE Sec.XIII Sec.XIII APPENDIX A—ZONING See.XIII subject property and by publication in a newspaper of general the public interest, where, owing to special conditions, a circulation within the community, as well as due notice to the literal enforcement of the provisions of the ordinance will parties in interest,and decide the same within a reasonable time. result in unnecessary hardship. The power to grant any Upon the hearing,any party may appear in person,by agent or by such variance shall be limited by and contingent upon a attorney. finding by the board or council: (3) In any matter brought before the board or the council and 1. That special conditions and circumstances exist which upon which it is required to make a decision, the parties in are peculiar to the land,structure,or building involved interest shall be given notice by mail of the time, place and and which are not applicable to other lands,structures For this or buildings in the same zoning district; subject matter of the hearing . purpose, the owner of the 2. That the special conditions and circumstances do not property shall be deemed to be the person shown on the current tax assessment roll as being the owner, and such notice shall be result from the actions of the applicant; sent to the address given on such assessment roll for that person. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by (D)Stay of Proceedings. this ordinance to other lands, buildings or structures in the same zoning district; (1) An appeal stays all proceedings in furtherance of the action 4. That literal interpretation of the provisions of the appealed from, unless the officer from whom the appeal is taken ordinance would deprive the applicant of rights com- certifies to the board of adjustment or the village council after the monly enjoyed by other properties in the same zoning notice of appeal shall have been filed with him,that by reason of district under the terms of the ordinance and would facts stated in the certificate a stay would, in his opinion, cause work unnecessary and undue hardship on the appli- imminent peril to life and property. In such case, proceedings cant; shall not be stayed otherwise than by a restraining order which 5. That the variance granted is the minimum variance may be granted by the board or the council or by a court of record that will make possible the reasonable use of the land, on application, on notice to the officer from whom the appeal is building or structure; taken and on due cause shown. 6. That the grant of the variance will be in harmony with the general intent and purpose of the ordinance and (E)Powers and Duties of the Board of Adjustment and the Village that such variance will not be injurious to the area Council. involved or otherwise detrimental to the public wel- (1) The board of adjustment and the village council shall have fare. the following powers in regard to appeals and variances within (c) In granting any variance, the board of adjustment or their jurisdiction as defined under subsection (A) of this ordi- village council may prescribe appropriate conditions and Hance: safeguards in conformity with this section and any ordi- (a) To hear and decide appeals where it is alleged there is error nance enacted by the village council. Violation of such in any order,requirement,decision or determination made conditions and safeguards,when made a part of the terms by an administrative official in the enforcement of this under which the variance is granted, shall be deemed a section or of any ordinance adopted pursuant thereto. violation of this ordinance. (b) To authorize upon appeal in specific cases such variance (d) In reviewing matters brought before it pursuant to the from the terms of the ordinance as will not be contrary to provisions of this section, neither the board of adjustment Supp.No.25 • 1210 Supp.No.25 1211 Sec.XIII TEQUESTA CODE Sec.XIII Sec.XIII APPENDIX A—ZONING Sec.XIV nor the village council shall exercise authority or juriadic- (G)Appeals from the Board of Adjustment or the Village Council. lion over matters which are specifically reserved to other Any person or persons, jointly or severally, aggrieved by any officers, boards or agencies of the village. Where site plan decision of the board of adjustment or the village council,or any review is necessitated pursuant to the provisions of this taxpayer, or any officer, department, board or division of the ordinance, no decision of the board of adjustment or the governing body of the village, may present to a circuit court a village council with respect to a variance, or other matter, petition setting forth that such decision is illegal, in whole or in pertaining to the property in questions shall obviate the necessity for such site plan review. Where a requested parr, specifying the grounds of the illegality and such present- ment shall be made within thirty (30) days of the filing of the building permit has been withheld by the building official for want of compliance with applicable laws and ordi- decision. nances beyond the jurisdiction of the board of adjustment (H) 71me Limitation. The board of adjustment or the village or the village council, no building permit shall be issued council may prescribe a reasonable time limit within which the regardless of any decision of the board or council until the action for which the variance is required shall be begun or requirements of said laws and ordinances have been met. completed or both. However, if no time limit is specified by the (e) Under no circumstances shall the board of adjustment or board or the council,then the variance shall expire within six(6) the village council grant a variance to permit a use not months from the date of grant, unless a building permit based generally or by special exception permitted in the zoning upon and incorporating the variance is issued within the afore- district involved or any use expressly or by implication said six-month period and construction has begun thereunder. prohibited by the terms of this ordinance in the zoning district. No nonconforming use of neighboring lands,struc- (I)Filing Fee. tures, or buildings in the same zoning district and no permitted use of lands, structures or buildings in other (1) Upon filing an application to the board of adjustment or the zoning districts shall be considered grounds for the autho- village council,the applicant shall pay a fee to the village at the rization of a variance. time of filing of such application. Said fee shall be in an amount as established in Chapter 16 of the Village of'Ilequesta Code of (F)Decisions of the Board of Adjustment or the Village Council. In Ordinances,shall not be reimbursable, and is intended to defray exercising the above mentioned powers, the board or the council the costs of administering,processing and reviewing the applica- may, in conformity with the provisions of this section, reverse or tion. affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such (2) The building official may waive the filing fee when the order, requirement, decision or determination as ought to be applicant seeks a variance to replace an existing screened swim- made,and to that end shall have all the powers of the officer from ming pool enclosure with a new screened swimming pool enclo- whom the appeal is taken. The concurring vote of three (3) sure having the same dimensions but a greater height than the members of the board or the council shall be necessary to reverse existing screened swimming pool enclosure. any order, requirement, decision or determination of any such (Ord. No. 503, § 1, 10-12-95) administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance. Any request denied by the board or the council shall not be resubmit- , ted for a period of ninety(90)days after the date of denial. - Supp.No.25 1212 • THIS PHOTOGRAPH IS A VIEW OF THE EASTERN END OF THE CHURCH PROPERTY 1 LOOKING SOUTH WITH POINT DRIVE AT THE FAR LEFT AND THE TWO I'X I O' PINE BOARDS REPRESENTING THE NORTH EAST AND THE SOUTH EAST CORNERS OF THE PROPOSED ADDITION. 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