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Home My WebLink AboutDocumentation_Regular_Tab 07_10/14/2010 ��., ; VILLAGE OF TEQUESTA � AGENDA ITEM TRANSMITTAL FORM 1. VILLAGE COUNCIL MEETING: Meeting Date: Meeting Type: Regular Ordinance #: N/A October 14, 2010 Consent Agenda: No Resolution #: N/A Originating Department: Community Development 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Request for a six month time extension to the Special Exception approval granted on November 12, 2009, by the Village of Tequesta to Hannah's Home. 3. BUDGET / FINANCIAL IMPACT: Account #: Amount of this item: Click here to enter text. N/A Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: No Appropriate Fund Balance: No 4. EX ECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) On Nov. 12, 2009, the Village Council granted a Special Exception to Hannah's Home of South Florida to allow a boarding school for young expectant mothers. The property is located at 4390 County Line Road, Tequesta, within in the R-1 Single Family Dwelling District. Sec. 78-367 (a) states that "A special exception shall commence within 12 months from the date of grant of the special exception unless extended by action of the village council; otherwise it is automatically rendered null and void." At this time, the applicant is requesting a time extension of six months per Sec. 78-367 (c) Only one extension shall be permitted by the village council and the tension shall not exceed six month. A written request for such extension of time must be received by�the village pri o the expiration of the grant of approval. � rv �, 5. APPROVALS:- '` / Dept. Head: �'� Finance Director: �pproved �; �'�' C No Financial Impact � � ' ��:� Attor�ey: (f�`legal sufficiency) Yes [� No � �--,°� Village Manager: .-�°-'"'�—_%� • SUBMIT FOR COUNCIL DISCUSSION: ❑ • APPROVEITEM: Q • DENY ITEM: � - -- --- _ __ Memorandum To: Mayor, Vice Mayor and Village Co cil Michael Couzzo, Village Manage�'�� From: James M. Weinand, Fire Chief.�. Date: October 4, 2010 Subject: Request for special excep��i�n time extension for Hannah' s Home of South F1Z�rida . On November 12, 2009, the Village Council granted a Special Exception to Hannah's Home of South Florida, Inc. Attached and marked as Exhibit "A" is copy of the approved order by the Village Council. The applicant through its agent, Cotleur & Hearing, Land Planners and Landscape Architects has requested a six-month time extension for compliance with the Special Exception. Attached and marked as Exhibit "B" is copy of the request. Section 78-367 of the Village Code of Ordinances gives you the authority to grant a six-month time extension, provided the applicant seeks said time extension prior the expiration of the Special Exception, which is November 12, 2010. I will be happy to answer any questions you may have on this matter. Attachments Exhibit ��a°f FiLED; Viilage of Tequesta ORDF,R OF TH� VILLAGE COUNCIL a� Date: _ 1 ,; , - -� VILLAGF, OF TF,QUESTA Time: � REQUEST FOR VARIANCE CASE NO.: SE-t-09 IN RE: Hannah's Home of South Florida, Inc. PRnPF,RTY LOCATION: 4390 County Line Road, "I'equesta, Florida 33469 LEGAL DESCRIPTION: 2�-40-42, N 640 FT OF E 240 F`rOF W 660 FT OF NW l/4 OF NE 1/4 (LF,SS W 100 FT OF N 200 FT& N 50 FT OF E 140 FT COUNTY LINE RD WV�') PARCEL CONTROL NUMBERS: 60-42-40-25-00-000-1 190 SPECIAL EXCF.PTION REQUESTED: School use in the R-1 Zoning District in accordance with Sec. 78-173(d)(1) ot� the Village Code ofOrdinances. ORDER APPROVING APPLICATION This cause came on to be heard upon the above appiication and the Tequesta Village Council having considered the evidence presented by the applicant and other interested persons at a hearin� called and properly noticed, and the Tequesta V+llage Council, being otherwise duly advised, TNF.REIINON, THE TEQUESTA VILLAGE COUNCIL FiNDS AS FOLLOWS: 1. The subject property is located in the R-1 7.oning District in the Village of "requesta. 2. The applicant has submitted all documents required by the Village's Code of Ordinances for special exception review. 3. The application and all supportin� documentation and presentation materials as reviewed by the Village Council at its November ]2, 2009 meeting, and as kept on file by° the Village, are made a part hereof'and are hereby incorporated by reference. �. According to Section 78-]73 of� the Village Code of Ordinances, a school use is permitted as a special exception in the R-1 "Loning District upon appro�al by the Village Council. �. The applicants have appfied for a special exception to allow a school use on the subject praperty. � Page 1 Exhibit "B" � Cotleur� , H�� ri r�g 1934 Gommerce Lane • Suite 1 � Jupiter. Florida • 33458 � Ph 561.747.6336 • Fax 561.747.1377 • Lic.#LC-0000239 1lugust 25, 2010 Chief James Weinand, rlcting Community Development Director Village of Tequesta Communiry Development Department 345 Tequesta Drive Tequesta, FL 33469 Re: Hannah's Home Time Extension Request Dear Chief Weinand, Pursuant to Section 78-367 'Time Limit for Commencement of Use, the applicant is required to submit a time extension request to the Village of Tequesta for a one (1) time, six (6) montli extension to the Special Exception approval. On November 12, 2009 the Village of Tequesta approved a special exception request to allow a school use on the subject property. r�s part of the approval, the applicant special exception approval will expire within t�velve (12) months unless a building permit has been obtained, preliminar�- site plan or plat approval has occurred, or other significant action to satisfy the requ�ements of this approval have occurred in accordance �vith Section 78-367. r�t this time, the applicant has not filed for site plan approval or received any significant building permits for the facility. The facility has done some minor renovations to the e�sting building which have been permitted and inspected. Therefore, the applicant is currently requesting a 6 month time extension which would allow the approval to be valid until May 12, 2011. It is the intent of the applicant to submit for final site plan approval in October 2010. This should allow adequate tune to receive site plan approval from the Village of Tequesta. Should you have any further questions and/or require additional information, please do not hesitate to contact me at 561-747-6336. Sincerely, i=�� r �� J�fine's G. Hackett �otleuY & Hearing, Inc. , Cc David Dreyer, Dunn Capital Management, LLC Jon Olson, Peacock & Lewis �Ir1 Don Hearing, Codeur & Hearing, Inc. DIVISION 2. SITE PLAN REVIEW* Page 1 of 1 Sec. 78-367. Time limit for commencement of use. (a) A special exception shall commence within 12 months from the date of grant of the special exception unless extended by action of the village council; otherwise it is automatically rendered null and void. (b) Commencement of a special exception occurs upon the issuance of a building permit, preliminary plat or site plan, or upon the initiation of significant action to satisfy requirements for improvements contained in a development order or other re ulato documents relatin to the 9 rY 9 s ecial exce ti n p po. (c) Only one extension shall be permitted by the village council and the extension shall not exceed six months. A written request for such extension of time must be received by the village prior to the expiration of the grant of approval. (d) Special exceptions granted to any governmental unit shall be exempt from the provisions of this section unless a time limitation is made a specific condition of the special exception. (Code 1977, app. A, § X(J)(7); Ord. No. 7-08, § 4, 4-10-2008) http://library8.municode.com/default-test/DocView/13868/1/130/140 9/28/2010