Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 11Ba_2/10/2000 i 4 3 MEMORANDUM TO: Thomas G. Bradford, Village Manager FROM: Kara L. Irwin, Planner kA1( DATE: February 3, 2000 SUBJECT: VARIANCE PETITION: Exterior Re-Model Zaino's Restaurant Attached are nineteen (19) sets of packets including an original for the above referenced project. The subject property is located within the Palm Beach County Commercial High (PBC, CH-5) zoning district. Please place this item on the February 10, 2000, Council agenda. On September 21, 1999, the Village of Tequesta annexed the Zaino's Restaurant parcel from unincorporated Palm Beach County. The restaurant proposes to upgrade their interior and exterior appearance. The interior has been partially demolished and we are awaiting submittal of a permit for the interior remodel. The owner also proposes to remodel the front exterior. Included in that re-model is a covered entranceway, which extends into the 25' front yard setback. The variance request is to allow the remodeling of the front facade with a permanent covered porch with a front yard setback of 18.75' (feet) in lieu of 25' (foot) minimum setback, as required by the Code. The proposed addition will encroach into the required front yard setback approximately 6 feet 3 inches. The subject property is approximately 0.66 acres and the restaurant site is very constrained. Staff does not object to this application. • NOTICE OF ZONING VARIANCE PUBLIC HEARING THURSDAY, FEBRUARY 10, 2000 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, February 10, 2000, beginning at 7:00 P.M., in the Village Hall Council Chambers, 357 Tequesta Drive, Tequesta, Florida, to consider: An application from Stephan A. Yeckes, agent for the owners of the property located at 801 U.S. Highway One, known as Zaino's Restaurant, Property Control No. 000-43-40-30-02-003-0130 and 000-43-40-30-02-003-0250, 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, C-2 Community Commercial District, minimum front yard setback, to allow the remodeling of the front facade with a permanent covered porch with a front yard setback of 18.75' (feet) in lieu of 25' (foot) minimum 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. You are advised that if any person decides to appeal any decision made by the Village Council with respect to any matter considered at the Public Hearing, he will need a record of the proceedings, and for such purpose he 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 Carl C. Hansen, Mayor Respectfully pomAxtpoc- Kara L. Irwin Planner Posted: January 27, 2000 1 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, Florida, will hold a Public Hearing during the Village Council meeting Thursday, February 10, 2000, beginning at 7:00 P.M., in the Village Hall Council Chambers, 357 Tequesta Drive, Tequesta, Florida, to consider An application from Stephan A. Yeckes, agent for the owners of the property located at 801 U.S. Highway One, known as Zaino's Restaurant, Property Control No. 000-43-40-30-02-003-0130 and 000-43-40-30-02-003-0250, 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, C-2 Community Commercial District, minimum front yard setback, to allow the remodeling of the front facade with a permanent covered porch with a front yard setback of 18.75' (feet) in lieu of 25' (foot) minimum 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. You are advised that if any person decides to appeal any decision made by the Village Council with respect to any matter considered at the Public Hearing, he will need a record of the proceedings, and for such purpose he 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 Carl C. Hansen, Mayor kah-a Kara L. Irwin Planner Posted: January 26, 2000 Publish: Friday, January 28, 2000 11 Consent Letter I,Andrew Zaino, part owner of Zaino's Restaurant located at 801 U.S. Highway One, Tequesta, Florida, give permission to Stephan A. Yeckes to act as an applicant with regard to a Variance request to obtain an 18.75' front setback for a proposed front entry. Signed, ��, i, z• Andrew Zaino 1/26/00 Stephan A.Yeckes,Architect 772 U.S.Highway One,North Palm Beach,Florida 33408 561•626.0402 01/26/2000 10: 24 561-575-6239 VILLAGE OF TEQUESTA PAGE 01 k, �] 0 dy VILLAGE OF TEQUESTA G • DEPARTMENT OF COMMUNITY DEVELOPMEM' APPLICATION FOR VARIANCE (elk "1 Post Office Box 3273 • 357 Tequesta Drive •:11' k Tequesta, Florida 33469-0273 • (561) 575-6220 <try, tiP Fax: (561) 575-6239 NAME OF APPLICANT: Stephan A. Yeckes MAILING ADDRESS: 772 U.S. Highway One, 2nd Floor PHONE NUMBER: (HOME) (BUSINESS) (561) 626-0402 LOT/PARCEL ADDRESS: 801 U.S. Highway One, Tequesta, Floridaa LOT: 13 and 25 BLOCK: 3 SUBDIVISION' Jupiter Heights PROPERTY CONTROL NUMBER: 000 43 40 30 02003 0130 and 0250 NATURE.OF VARIANCE: Decrease in front set back. From 25' required to a requested 18.75' . Li,1STIFICATION OF VARIANCE: PLEASE ADDRESS THE SIX CRITERIA OF THE ZONING CODE SECTION XIII (E)(1)(b) 1-6 WHICH ARE LISTED ON THE BACK PAGE OF THIS APPLICATION. IF YOUR VARIANCE REQUEST IS RELATED TO THE PUBLIC WATERS OF THE STATE OF FLORIDA, COMPRISING THE LOXAHATCHEE RIVER AND THE INTRACOASTAL WATERWAY INCLUDING ALL CREEKS, CANALS OR TRIBUTARIES THEREWITH, YOU MUST ALSO ADDRESS THE TEN CRITERIA LISTED IN THE ATTACHED ZONING CODE SECTION XVI(G)(2) a-j_: NOTE: APPLICANT SHALL INCLUDE THE FOLLOWING ITEMS WITH THIS APPLICATION: I. CURRENT SURVEY OF PROPERTY SHOWING ALL STRUCTURES &SETBACKS. 2. DRAWINGS TO SCALE OF PROPOSED IMPROVEMENTS. 3 WRITTEN APPROVAL FROM PROPERTY OWNER, IF OTHER THAN APPLICANT. 4. ANY OTHER DOCUMENTATION PERTINENT TO THIS APPLICATION. 5. COPIES OF ALL SUBMITTALS AS FOLLOWS: BOARD OF ADJUSTMENT VARIANCE REQUEST- 15 VILLAGE COUNCIL VARIANCE REQUEST- 23 6. APPLICATION FEE OF: A) SINGLE FAMILY - $ 300 . 00 B) DUPLEX - $ 500 . 00 C) MULTIPLE FAMILY - $ 7 50 . 0 0 D) COMMERCIAL - $1 , 0 0 0 . 0 0 APPLICANT SIGNATURE: DATE: 1 lUe- 25(=) SCHEDULE OF SITE REQUIREMENTS Minimum Minimum Setbacks Land- Maximum Maximum Minimum scaped Minimum Minimum Lot Building Living Area Open District Lot Size Lot Width Coverage Front Yard Side Yard Rear Yard Height Requirements Space C-2 7,500 sq. ft. 75 ft. 40% 25 ft, except 4- 10 ft., except 20 10 ft. however, 5 stories/70 ft. Not 25% ... . . . . . . . . . . . .' and 5-story ft. at any inter- none where prop- applicable • buildings require secting street erty abuts RR an additional 5 and where a right-of-way or feet for each property is con- spur trackt .'.'.'. story above 3+ tiguous with any , noncommercial districtt tExample:Where minimum front yard requirement is twenty-five(25)feet,an additional five(5)feet per story is added for buildings greater than three(3)stories in height, so that a five-story building shall have a minimum front yard of thirty-five(35)feet.Minimum side yards and minimum rear yards shall be adjusted in like fashion. Supp. No.26 1121 01/26/2000 10: 24 561-575-6239 VILLAGE OF TEOUESTA PAGE 02 (E)Powers and Duties.of the $ooarF1 of Adjustment cold the Village Council. (1) The board of adji stment and the village council shall have the following powers in regard to ,appeals and variances within their jurisdiction as defined under subsection (A) of this.ordi- nance: (a) lb hear and decide appeals where it is alleged there is error in any wader, requirement, decision or determination made by an administrative official in the enforcement of this section or of any ordinance adopted pursuant thereto_ (b) Zb authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecesaary hardship. The power to grant any such variance shall be limited by and contingent upon a finding by the board or council: 1. That'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; 2." That the special conditions and circumstances do not result from the actions of the applicant; 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings or structures in the same zoning district; 4. That literal interpretation of the provisions of the oidinance would depn a the applicant Of rights com- monly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue' hardship on the appli- cant; 5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, binding or structure; 6. That the grant of the variance will be in harmony with the general intent and purpose of the ordinance and that such variance will not be injurious to the. area involved or otherwise detrimental to the public wel- fare. Justification of Variance 1. Since this is and existing building with a minimal front setback,this is a circumstance that is peculiar to this structure, and not applicable to other properties. 2. Building has existed like this for the past 20 years. 3. Entry to this existing building is unique to this structure in this location. 4. Strict inherence to this portion of code would preclude sole necessary to this project. 5. This entrance is the minimum necessary to give proper function and aesthetic purpose to this design. 6. The entrance which the variance would allow would benefit the property as well as surrounding property owners • Stephan A.Yeckes,Architect 772 U S.Highway One,North Palm Beach,F'crida 33408 561•626•0402 Sec XIII TEQUESTA CODE Sec XIII Sec, XIII APPENDIX 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 1Ssngle-Family Dwell (5) The board of adjustment shall adopt rules of procedure for ing Districts of the village. The village council shall consider the conduct of its business, consistent with the provisions of this appeals and variances relating to all other properties not within ordinance. Meetings of the board shall be held at the call of the the jurisdiction of the board of adjustment, including properties chairman, and at such time as the board may determine. Such yithin the R-1-A and R-1 Single-Family Dwelling Districts which chairman, or in his absence, the vice-chairman or acting chair- are not single-family,structures and properties in all other zoning man, may administer oaths and compel the attendance of wit- districts to the village, and appeals and variances relating to nesses. All meetings of the board and its files or records shall be subdivisions in any zoning district. 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 berm, to be designated as Alternate 01 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 members present, all present shall have to vote in favor of a enforcement of that portion of the zoning ordinance relating to variance to make it effective. Alternate members shall serve for the powers and duties of the board of adjustment or the village twocouncil. Such appeal shall be taken within a reasonable time as (2) years, but of the first appointed alternate members, one provided by the rules of the board or the council, by filing with the (1) shall serve for one (1)year, and one(1) shall serve for two(2) clerk of the board or the council a notice of appeal specifying the years. Thereafter, alternate members shall be appointed for grounds thereof. The officer from whom the appeal is taken shall two-year terms. 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 three-hundred-foot radius of the outermost perimeter of the gUD9,No 25 1208.6 8upp.No.26 12(1() Sec X111 TEQUESTA CODE Sec. XIII Sec.XIII APPENDD(A—Z0N1NG Sac. X111 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 ae 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: 1. That special conditions and circumstances exist which (3) In any matter brought before the board or the council and are peculiar to the land,structure,or building involved upon which it is required to make a decision, the parties in and which art not applicable to other lands,structures interest shall be given notice by mail of the time, place and or buildings in the same zoning district; s ,bject matter of the hearing. For this 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 result from the actions of the applicant; tax assessment roll as being the owner, and such notice shall be 3. That granting the variance requested will not confer sent to the address given on such assessment roll for that person. on the applicant any special privilege that is denied by (D) Stay of Proceedings. this ordinance to other lands, buildings or structurea 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 corn pDemonly enjoyed by other properties in the same zoning certifies to the board of adjustment or the village council after the district under the terms of the ordinance and would notice of appeal shall have been filed with him, that by reason of work unnecessary and undue hardship on the appli- facts stated in the certificate a stay would, in his opinion, cause 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 ofAdjustmtni and the Village that such variance will not be injurious to the area Council. involved or otherwise detrimental to the public wel- fare. (1) The board of adjustment and the village council shall have 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.2b 1210 Stipp.No.26 1211 Sec XIII TEQUESTA CODE Sec. XiII Sec XIII APPENDIX A—ZONING Sec.XIV nor the village council shall exercise authority or jurisdic (G)Appeals from the Board of Adjustment or the Village Council. tion 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 part, specifying the grounds of the illegality and such present- necessity for such site plan review. Where a requested ment shall be made within thirty (30) days of the filing of the building permit has been withheld by the building official decision. for want of compliance with applicable laws and ordi- nances beyond the jurisdiction of the board of adjustment (H) Time 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,strut- (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 Thquesta 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, 4 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