HomeMy WebLinkAboutOrders_Variances_04/27/2010_VAR 1-10 iara�r�arNrarra�w����
CFN 20100166:340
Record and Return this Instrument to: OR BK 23830 PG 0746
RECORDED 05/05/2010 10:49:25
James M. Weinand Palo Beach County, Florida
Village of Tequesta Sharon R. Bock, CLERK & COMPTROLLER
345 Tequesta Drive Pge 0746 - 749; (4pgo )
Tequesta, Florida 33469
ORDER OF THE VILLAGE OF TEQUESTA
�.
BOARD OF ADJUSTMENT MAY 16 2010
VILLAGE OF TEQUESTA AN
REQUEST FOR VARIANCE
CASE NO.: V 1 -10
IN RE: Carl Martin
PROPERTY LOCATION FILED: Village of Tequesta
339 River Drive, Tequesta, Florida 33469 Date: - 1 —/O
LEGAL DESCRIPTION: Time: 10; /d ,
TEQUESTA LT 86 RECEIVED
MAY 1 8 2010
PARCEL CONTROL NUMBERS: VILLAGE CLERKS OFFICE
60- 42- 40- 26 -01- 000 -0860
VARIANCE REQUESTED:
To allow enlargement of a non - conforming building; to allow a front yard of 19.78 feet where the
code requires a minimum of 25 feet, to allow lot coverage of 42% after improvements on a lot with
a current lot coverage of 38% where the code allows a maximum coverage of 37 %; to allow the
proposed addition to be built with a finish floor elevation of 7.0 feet where the code requires the
proposed addition to have a finish floor elevation of 8.5 feet, or 18 inches above the crown of the
adjacent road, whichever is more stringent.
ORDER APPROVING APPLICATION
This cause came on to be heard upon the above application and the Village of Tequesta
Board of Adjustment having considered the evidence presented by the applicant and other interested
persons at a hearing called and properly noticed, and the Board of Adjustment, being otherwise duly
advised,
THEREUPON, THE TEQUESTA VILLAGE BOARD OF ADJUSTMENT FINDS AS
FOLLOWS:
1. The subject property is located in the R -IA - Single- Family Dwelling District in the
Page 1
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Village of Tequesta.
2. The applicant has submitted all documents required by the Village's Code of
Ordinances for variance review.
3. The application and all supporting documentation and presentation materials as
reviewed by the Village of Tequesta Board of Adjustment at its April 19, 2010
meeting, and as kept on file by the Village, are made a part hereof and are hereby
incorporated by reference.
4. According to Section 78 -61 of the Village Code of Ordinances, variance approval by
the Village of Tequesta Board of Adjustment is required.
5. The applicant has applied for a variance to allow enlargement of a non - conforming
building; to allow a front yard of 19.78 feet where the code requires a minimum of
25 feet, to allow lot coverage of 42% after improvements on a lot with a current lot
coverage of 38% where the code allows a maximum coverage of 37 %; to allow the
proposed addition to be built with a finish floor elevation of 7.0 feet where the code
requires the proposed addition to have a finish floor elevation of 8.5 feet, or 18
inches above the crown of the adjacent road, whichever is more stringent
6. Under the provisions of the Village Code of Ordinances, the Village of Tequesta
Board of Adjustment has the right, power and authority to act upon the request
herein made.
IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED BY THE VILLAGE
OF TEQUESTA BOARD OF ADJUSTMENT, AS FOLLOWS:
The application for Variance, Case No. V 1 -10 with reference to the above described
property within the Village of Tequesta, Palm Beach County, Florida, to permit the following:
To allow enlargement of a non - conforming building; to allow a front yard of
19.78 feet where the code requires a minimum of 25 feet, to allow lot
coverage of 42% after improvements on a lot with a current lot coverage of
38% where the code allows a maximum coverage of 37 %; to allow the
proposed addition to be built with a finish floor elevation of 7.0 feet where the
code requires the proposed addition to have a finish floor elevation of 8.5 feet,
or 18 inches above the crown of the adjacent road, whichever is more
Page 2
stringent in accordance with the variance application incorporated herein as
Exhibit "A."
is hereby APPROVED since the Village of Tequesta Board of Adjustment hereby finds that the
applicant has met the standards set forth in Section 78 -65 of the Tequesta Zoning Code for variance
approval. The following conditions of approval shall apply hereto:
(1.) Approval is conditioned upon the Applicant executing a General Release and Hold
Harmless Agreement with the Village of Tequesta indemnifying the Village in the event of
damage to the building as a result of flooding. Said General Release and Hold Harmless
Agreement shall be recorded in the Public Records of Palm Beach County, Florida; and
shall be attached hereto as Exhibit `B."
* The term applicant(s) as used herein shall include all successors and assigns.
* The applicant's variance approval shall expire in six (6) months unless a building permit has
been obtained in accordance with ' 78 -68. If the building permit expires or is voided, the
variance approval also expires or becomes void.
* The applicant is hereby notified that the issuance of the Variance from Section 78 -785,
allowing the proposed addition to be built with a finish floor elevation of 7.0 feet will result
in increased premium rates for flood insurance up to amounts as high as $25.00 for every
$100.00 of insurance coverage, and that such construction below the base flood level
increases risks to life and property.
'J -h
DONE AND ORDERED THISrs`7� DAY OF APRIL, 2010.
A MANEN, CHAIR
VILLAGE OF TEQUESTA
RP Oi OF TF' %,,�� BOARD OF ADJUSTMENT
` .4
. � = .A Gam•
LORI Mc WILLIAMS, CMC ZiLAL :�
VILLAGE CLERK - : INCORPORATED; =
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Page 3
GENERAL RELEASE AND HOLD HARMLESS AGREEMENT
WHEREAS, the VILLAGE OF TEQUESTA BOARD OF ADJUSTMENT, at the regularly
scheduled meeting on April 19, 2010, conditionally approved Flood Variance Number V 1 -10,
authorizing redevelopment of the property located in the Village of Tequesta, Palm Beach County,
Florida at 339 River Drive, Tequesta, Florida 33469 to construct an addition to the structure; and
WHEREAS, said variance would allow the floor elevation of such new construction o be placed
at elevation of 7.0 feet above mean sea level, where the code requires a finish floor elevation of 8.5 feet or
18 inches above the crown of the adjacent road, whichever is more stringent; and
WHEREAS, the condition of said approval imposed by the Village of Tequesta Board of
Adjustment requires the property owner to enter into a hold harmless agreement with the Village
indemnifying the Village in the event of damage to the building as a result of flooding.
NOW THEREFORE, it is agreed as follows:
1. This General Release and Hold Harmless Agreement is given to the Village of Tequesta
(hereinafter referred to as the "Village ") by Carl Martin (hereinafter referred to as the
"Owner ", his representatives, heirs, successors and assigns) in consideration for the Village
granting the above referenced variance to Owner. This variance applies to the property
located 339 River Drive Tequesta, Florida, 33469, and more particularly described as
follows:
TEQUESTA LT 86
2. The Owner hereby remises, release, acquits, satisfies and forever discharges the Village of
and from, all and any manner of action or actions, cause and cause of action, reckonings,
controversies, damages, judgments, executions claims and demands whatsoever in law or
equity, which the Owner ever had, now had, or any personal representative, successor, or by
reason of any cause arising out of or in the event of damage to the building as a result of
flooding due to the fact that the elevation of said building being at 7.0 feet above mean sea
level. This Agreement shall run with the land.
IN
C;V ITNESS WHEREOF, the undersigned has caused these presents to be executed as of the
April, 2010.
Sig d, sealed and delivered in the presence of: "Owner"
NVI } f ess – Signa A AR /S IN �--
�yl� /UlL �� CARL M x .t��'jA(' /La p`J
Witness — Print Name Print Name
rtn s – Signature
✓Gl'.� S S —
Witness – Print Name
The foregoing instrument was acknowledged before me this a day of April, 2010 by
CAY,L MA 1PIN who is personally known to me or produced
as identification and who did/did not t ''��QQ
--*gN,M A04;
S ;'� ��Y? N FCo'.
otary Public (Notary Seal) * : � -, ?o 1P • >�•
��: Nppg3tip�y
EXHIBIT T'PBT'
GENERAL RELEASE AND HOLD HARMLESS AGREEMENT
WHEREAS, the VILLAGE OF TEQUESTA BOARD OF ADJUSTMENT, at the regularly
scheduled meeting on April 19, 2010, conditionally approved Flood Variance Number V 1-10,
authorizing redevelopment of the property located in the Village of Tequesta, Palm Beach County,
Florida at 339 River Drive, Tequesta, Florida 33469 to construct an addition to the structure; and
WHEREAS, said variance would allow the floor elevation of such new construction o be placed
at elevation of 7.0 feet above mean sea level, where the code requires a finish floor elevation of 8.5 feet or
18 inches above the crown of the adjacent road, whichever is more stringent; and
WHEREAS, the condition of said approval imposed by the Village of Tequesta Board of
Adjustment requires the property owner to enter into a hold harmless agreement with the Village
indemnifying the Village in the event of damage to the building as a result of flooding.
NOW THEREFORE, it is agreed as follows:
1. This General Release and Hold Harmless Agreement is given to the Village of Tequesta
(hereinafter referred to as the "Village") by Carl Mai-tin (hereinafter referred to as the
"Owner", his representatives, heirs, successors and assigns) in consideration for the Village
granting the above referenced variance to Owner. This variance applies to the property
located 339 River Drive Tequesta, Florida, 33469, and more particularly described as
follows:
TEQUESTA LT 86
2. The Owner hereby remises, release, acquits, satisfies and forever discharges the Village of
and from, all and any manner of action or actions, cause and cause of action, reckonings,
controversies, damages, judgments, executions claims and demands whatsoever in law or
equity, which the Owner ever had, now had, or any personal representative, successor, or by
reason of any cause arising out of or in the event of damage to the building as a result of
flooding due to the fact that the elevation of said building being at 7.0 feet above mean sea
level. This Agreement shall run with the land,
IN WITNESS WHEREOF, the undersigned has caused these presents to be executed as of the
y Apri 201
Sig, d, sealed and delivered in the presence of. "Owner"
e
Witress — Signa c
CARL MARTIN
A IL
a Wr Alb
A� 1 4
Witness — Print Name Print Name
r
....... .. ....
Xhn"s — Signature
Witness — Print Name
The foregoing instrUrnent was acknowledged before me this ,V � — day of April, 201 by
CL who is personally known to me or WpnstlA
MAR V
produced
as identification and who did/did not ta k Y,
'1� olsslo
xi
w,
ovy ze
A
s'o
4o �Publi (Notary Seal)
#DD
EXHIBIT "A"
v* 1
O 4
VILLAGE OF TEQUESTA APPLICATION FOR VARIANCE
- �
;e DEPARTMENT OF COMMUNITY DEVELOPMENT
co 345 TEQUESTA DRIVE
TEQUESTA, FL 33469
(561) 575 -6220 FAX: (561) 575 -6224
N O
AMA F APPLICANT: Oa Pt Ma P- T' I n
i
MAILING ADDRESS 33 9 Rile-r- Pe.
PHONE NO. (HOME) e el/
LOT/PARCEL ADDRESS: 3 9 R i V e r y'-. T e �i u S j,� F L 33 X16 9
LOT: Tee vcs L� 6 BLOCK: SUBDIVISION Te vC
PROPERTY CONTROL NUMBER: 6 0 - Lf ,2 - z U --
01- 4 0 (o O
NA OF VARIANCE: �, �, �_ 56,e, a vrvti o
0' i'vc.t"' r- G j o� e -1b m. aasne,r- b e-d— r- oo .
JUST 'CATION OF VARIANCE; Please address the six criteria of the Zoning Code, Ref Art. ILI;
Sec. 78-65(2) A F. If your variance request is related to the public waters of the State of Florida,
comprising the Loxahatehee 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, Ref. Art.
M, Sep. 78- 837(b), (1) -(10).
T e G or)terl
NOTE: �pplicant shall include the following items with this application:
1) Current sealed survey of r e showi all structures and setbacks.
2) Drat do s to scale of proposed improvements.
3) Writ en approval from property owner, if other than applicant.
4) Any )ther documentation pertinent to this application.
5) Copi s of all submittals as follows:
Board of Adjustment Variance Request - 15 copies
Viilage Council Variance Request - 23 conies
6) Application Fee of A) Single Family - $ 300.00
B) Duplex - $ 500.00
C) Multiple Family - $ 750.00
D) Commercial - $1,000.00
APPLICANT SIGNATURE: DATE: -// /O
March 19, 2010 2OF4
Boa j d of Adjustment Variance Request & Village Council Variance Request
Subject: Nature of Variance Request
Background:
I
Thisihome was originally built in 1959 by a previous owner and at that time the garage was
placed on the lot 5' further forward than the Code permits (20' versus code of 25'). Also the
elevation of the home is less than the current Code (7' versus code of 8.5'). These are
con4itions that I am unable to change. Currently, the home covers 38 % of the lot versus code
of 3�% and with the addition the home will coverd/,Z%. The minimum green space per code is
30 %,and with the addition we will have 41% green space.
Request:.
i
i
I am Irequesting approval to add a bathroom and closet with the same finished floor elevation
on tl�e side of my home for the master bedroom which currently does not have a private bath.
This addition will be within the property setbacks including front, rear and side.
This � 's a lovely three bedroom two bath home built over 50 years ago and by adding the
addition it will keep it current with homes in the area.
This request meets the criteria of Zoning Code: Ref: Art. III, Sec. 78 -65(2) A -F.
(a) The garage placement at 20' versus code of 25' and the 7' elevation versus code of
8.5' of the home was constructed by original owner over 50 years ago for an unknown reason.
(b.) The special conditions do not result from the action of us, the applicants.
(c) This request will not confer on us, the applicant any special privilege that is denied
by this chapter to other lands, buildings or structures in same zoning district.
(d) Other properties in this zoning district under terms of this. chapter have been
granted variances. By adding the addition it updates the home and keeps it current withother
homes in the area.
(e) The addition is only 415 sq. feet which is the minimum that will make possible the
reasonable use of the building.
(f) The addition which is within the code set back, as well as meets landscaped open
space 'will not be injurious to the area involved or detrimental to public - welfare.
In closing my neighbor has the same code issues as I however, they were granted a variance
providing that they signed an agreement to hold the Town of Tequesta not responsible if there
is flooding. I am willing to sign an agreement of this nature.
On a personal note I had colon cancer surgery and my wife has Crohns and it is critical to us to
have a' bathroom that we can access quickly during the night as well as having a bathroom that
is not bccupied by others in the home when needed.
I
i
Your 'cpnsideration is greatly appreciated.
I
i
Thank you,
�CI��Ci a
Carl Martin
I
1
OF 4
R.B. Brennan SII
■ � ie T l�l 4 ���v
6813
P.D. Bdx 1090
Jupiter Florida 33468+
ij Voice: 561,776 -4505 Ter, R. 33469 �� --
Fax: 56'1-776-0506 u,
www.bi•Ennanservices.com
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Property Location Rho} an this L -abaft MAP it based on Algotitkses md Dept provid by mjvmwft Corpo mfi cf>i& Stvtitgot takd as r b�TitY n y�g ifmaec+uacY of said I ovation N1�r
Joy 1d -03 -046
Proved -y Address :.
339 R RIVE
TEQUESTA�FLORIDA 33469
i, aI Desc�ri thee:
LOT 86, TT . UESTA, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE
PLAT THEI EOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COUNT IN AND FOR
PALM BEA H. COUNTY, FLORIDA, RECORDED IN PLAT BOOK 25, PAGE 7 THROUGH 15,
iNCLUSIV .
Fels
03/24/2010 �
Cerd T' .
LINDA MARTIN AND CARL MARTIN
L91 CMRE GE CAS CUATj()NS:
L0T= 11,998.3 SQ. FT =0.28 ACRES
EXISTING HOUSE 3, s F.
PROPOSED A�3DITION=416.9' SQ. FT-3o4
POOL DECKS & PORCHES / 5''y o 5 f=
DRIVEWAY, LKS & PADS = 1342.5 SQ. F F-1,1%
GREENSPAC fJ ? ,S ,'_ _ — //
HOUSE & %z OOU
. FL DEC ^
HOUSE t V, OF FOOL DECK &
I
I
surveY��otesr
l) Lends shown he have not been abstracted by this office for easements, reservations, or rights of way ofrecord.
2) Subsurface imprdvements or encrcachmeats were not located or shown hereon.
3) Elevations shown hereon are relative to the National Geodetic Vertical Datum of 1929, /unless otherwise noted.
4) Only unprovetneitts Located are those shown hereon.
All Dimensions shown are per plat unless otherwise noted.
v). Written D imensions take precedence over scaled dimensions and distance are not to be scaled for constructi and/or designs purposes.
7). Underground poi ions of footings, foundations or other improvements were not located.
8). This survey eannbt be transferred or assigned without the specific written permission of R. B. Brennan Surveying, inc.
9). No responsibility is assumed by this surveyor for the cons Ytuction of improvements from building ties shown on this survey.
10}. Fence ownershi� is not determined, location only,
Leg end
A Are II I.P, Iron Pipe P.O.B. Point of Beginning C.B. Catch Basin
A/C. AirConti`ztioner I.RJC. iron'Rod/Csp P.C.P. Pa'maaent Control Point SQ,FT.Scit�ra
B.M. Bench c1c I.R. Iron Rod PCs. rage INC Iron Pipe & Cap
CHD Chord L.B. Licensed Busvneu P.K Purker,' lost Nail C. Calculated
C.L.F. Chain .LiakFence L..P, Light Pole PLS ProfesaimtatLwASurveyor No. Number
C/L. Cenhw Line L. Length P.R.C. Point of Reverse Curve Twp. Township
CM. Concrete Monument (N Measured P.R.M. PamAbetRdaaGCSdaa umm Rge, Ran$e, ME Ingress/Eg+=Easement
CONC, concreteI M.H. Nina mole PA24 ProNatond surveyor &Mapper Sec. Section Dui Drill Hole
Pd.) Dead +/_ Plus or Mkus P.T. Point of Tangency R.AS Reciprocal Access Easement
D.E. Drainage Easement N.Vki.D. National Geodetic Vertical Datum R. Radial L.A.B. Limited Access Easement
D. Delta Anee O.R.B official Records Book R.L.S. Registered Land Surveyor A.E. Access Eruaes>mar
EL. Elevatiod O/I-I. Overhead Utility Lines R/W Right -O&Way F.P.L. Florida Power & Light Co.
E:O.P. Edge of tnement P. Plat U.E. Utility nt CA Cable T'eh mision Dox
LOX Edge of afar P.B. Plat Book U.P. Utility Po CBS Cow Blo* Strath"
FND, Found P.C. PointofCurvature W.V. water Valve NAVD 'North American Vertical Datum
F.F. Finish Floor P.C. C. Point ofCompo md cw4ature W.M. Wader Meter (R) Reoorded Measweatent
F.H. Fits Hydfant P.O.C. Point of Commencement _X _X Fence E. Box Electrical Box
S.V. Sewer V ve M.E. Maintenance Basement ALE Aluminum Fend VF. vinyl Fence C.P.T. Calculated Field Traverse
Date Orig. Rev. By Chk. Job Number National Flood Insurance Program Data
03/24/10 X MM TM 10 -04 Community Panel No: 12= 0001 C
Firm Date: 09130M
Sh et 1 of Zone: A7
Base Flood Elevation: 6.0
Lowest. Floor Elevation: 7.0
i
R. B. BRENNAN SURVEYING 4 OF 4
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LOT CO'VERAG£ CARS S �T
LOTi. t 1,998.3" . S.F, - 0.28 ACRES 1 �
EXIST. HOUSE =' 3335.0' S,F, UNDER ROOF
PROP. ADDITION= 416.9' S.F.
POOL DECK &'PORCHES= 1988.0' S.F.
DRIVEWAY, WALKS & PADS- 1342.5' S.F. it
CREENSPACE- 4915.9' S.F. OR ,41% ,
W R/f
--CA RIVER DRIVE �
�20 +amt r PAW4 4&3er(w)
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PaE 100.00' °
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25 9Rw DRAY PAS
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PRWM 13 f,6' to
aw �OtitOtf t S70RY CBS E' 91NYL
LOT x ,57 LOT t!5
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PROPANE 29 0 P
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8' wm fENCE
t6 2 2.83'W
M14? SOREENED C04EIE DECK
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LB4t1 d �ID 6 J E1
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200 100'
1.75 CONS32EM WLKHEAO 2.w
8'
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LOXAHATaEE Rte T is sr
fa000 Dom I t
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maw=-, Xii.1T -
1. THIS SURVEY I3 PREPARED FOR: CARL MARTIN
Z. THE LANDS SHOWN: HEREON WERE NOT ABSTRACTED FOR EASEMENTS AND /OR RIGHTS- OF -1AY
OF RECORD. 1
3. VISIBIE ENCROACHM$NTS ARE AS SHOWN.
4. ELEVATIONS SHOWN $IREON ARE BAM ON N.G.V.D. OF 29$9 DATUM.
3. NOTICES THERE MAY BE ADDITIONAL RESTRICTIONS THAT An NOT RECORDED ON THIS SURVEY
THAT I[AY HE FO IN THE PTIBLIC RECORDS dF THLS COUNTY
8. THIS $XBTCH IS PROpB OF TERRY L IdACHfiYITT AND R.B. BRENNAN. INC.
AND SHALL NOT BE ODUCED IN WHOLE OR PART WITHOUT TIIE PERMISSION OF
ABOVE PARTIES IN ITING.
7, BOUNDARY DIMENSIO 8 SHOWN ARE PER PLAT AND FIELD MEASUREMENT UNLESS OTHERWISE
NOTED.
a. C.TTY WATER & IS AVAILABLE
REVISIONS
D3�`S`�RIPTION BATE $Y
TERRY X14 V " ' NOT VALM »our THS Sra NATURE
AND TZM ORIGINAL RAISRD SEAL OP A
xx FLORIDA St► VFMR AND MAPPER.
1fIJM
8123109
PL
77M JM= x JO & P OPWMNAL SURY B & MAPPPM
a� 025014 '2 ' 2 FLORIDA IJCMr151fi No. 4557
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