HomeMy WebLinkAboutDocumentation_Board of Adjustments_Tab 03_11/15/2010 .
PUBLIC NOTICE
The Board of Adjustment of the Village of Tequesta will conduct a Public Hearing on November
15, 2010 at 7:OOp.m. or as soon thereafter as possible in the Village Council Chambers located at
345 Tequesta Drive, Tequesta, Florida 33469. A hearing will be held to consider and make a final
determination regarding the following:
V 2-10 Request for variances in order to construct a rear yard utility building,
and an addition onto an existing single family structure: Relief from Sec. 78-95 to
allow enlargement of a non-conforming building and relief from Sec. 78-143 to
allow a corner side yard setback of 19.6' where the code requires a minimum of 20'
and to allow a rear yard setback of 5.53' for an accessory building where the code
requires a minimum setback of 10' for an accessory building. The address of the
property is 39 Golfview Drive, Tequesta, Florida, 33469. The legal description of
the property is Tequesta Lot 564. The property is located in Zoning District R-lA.
� The application for variance and all related documents are available for public examination and
copying in tye Village Community Development Office, Monday through Friday, between the
hours of 8:30 a.m. and 5:00 p.m. The Public Hearing may be continued from time to time, as
necessary. All interested persons are encouraged to come to the Public Hearing and be heard.
PLEASE TAKE NOTICE AND BE ADVISED, that if a person decides to appeal any decision
made with respect to any matter considered at this hearing, he or she will need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is based. The Village of Tequesta does not provide such a record.
PUBLISH: November 3, 2010
POSTED: October 29, 2010
�
, yf � �� �
oF F
♦ :±
d
' ^,�, . APPLICATIDN FOR VARIANC�
� - `= _ VII�LAGE OF TEQUESTA
; ` ' DET'ARTMENT OF COMMUNITY DEVELOPMENT
A �' ° � + 345 TEQUESTA DRIVE
TEQUESTA, FI, 33469
(561) 575-6220 FAX: (561) 575-6224
f
! NAME OF APPLICANT: James and Jean La Spina
MAII,ING ADDRESS: 39 Golfview Drive
PHONENO. (HOME) 561-743-2052, ($USINESS) 561-743-0592
LOT/PARCELADDRESS: Lot #���.5, 39 Golfview Drive
LOT: •��" `� -�' � BLOCIC: SUBDTVISION Tequesta Country Club
PROPERTYCONTIZOLNUMBER: 60-42-40-26-01-000-5640
NAT[JRE OF VARIANCE; Utility Building to provide additional sound
abatement and secure structure for on site equipment.
c,� -f � A2- s c.. 0 5.5 3' O� �Qv ti�� C c, . '�
LX�ST�n�G- C��N�.CL SiDE A�� S�2'TC�KI�o[= �•(o� �2d� ���� �
JUSTIFICATION OF V.�RIt�NCE: Please address the six criteria of the Zoning Code; P.ef: A.rt. I,
Sec. 78-65(2) A-F. If your variance request is related to the public waters of the State o� Florida,
� comprising the Loxahatchee River and the Intracoastal Waterway including all creeks, canals or
tn'butaries therewith, you must also address the ten criteria listed in the attached Zoning Code; Ref: Art.
� XTII, Sec. ?8-837(b), (1)-(10).
NOTE: Applicant shall include the ;following items with this application:
1) Current sealed survey of properiy showing all structures and setbacks.
2) Drawings to scale of proposed innprovements.
3) Written approvai from property owner, if other tl�an applicant. �
4) Any other documentation pertinent to this application.
5) Copies of all submittals as follows:
Board of Adjustment Var'cance Request - 15 copies
Village Council Variance Reguest - 23 copies ,�
�.-��.�' �
6) Application Fee of• A) Single Family - $ 300.0�0„��°�
B) Duplex - $ 500.00
C) Multiple Family - $ '150.00
D) Conunerciai� - �,�1,000.00
.� ;�� ��,._
" -! =z ,' ___ A 10/23/2010
APPLICANT SIGNATURE: `°-�- ; ` . , D
,= � . _ e —
� .
f � __
� , ,
�. e _ . _ _ _.
� . _ . .__ . . . . .. . _ __ . ._ .
Sec. 78-65, Powers and duties oz poara oi .,✓
adjusEment and village council,
(a) The boazd of adjustment and the village
� council shall have the following powers in regard
� to appeals acid variances within their jurisdiction
as defined under section 78-61:
(1) Hear and decide appeals where it is al-
leged there is error in any order, require-
ment, decision or determination made by
� an administrative official in the enforce- � ' .
ment of this chapter or of any ordinance �
adopted pursuant thereto. �
. - {2) Authorize upon appeal in specific cases • �
suchvariance from the terms of this chap-
� ter as will not be contrary to the public
. interest, where, owing to special condi- ,
� Lions, a literal enforcement o� the provi- �
. , sions of this chapter will result in unnec- �
essary hardship. The power to grant any "
. such variance shall be limited by and }
• contingent upon a�inding by the board or .
� council that: � �
� _ a. Special conditions and circumstances ' =��
� eaist whfch are peculiar to the land, "
. •`J
. � structure, or building involved. and . '
. . which are not applicable to other
� . � lands, structures or buildings in the
same zoning district. ,
� .- 1 b. The special conditions and circuax-
' � stances do not result from the ac-
. tions of the applicant. �
c. Granting the variance requested will
� ' � not confer on the applicant any spe-
� cial privilege that is denied by tliis
. '. chapter to other lands; buildings or ,
� • � structures in the sarae zoning dis-
trict.
. . �.
- � d. � Literal interpretation of the provi-
sions of this chapter would deprive �
-. the applicant of rights.commonly en-
. joyed by other properties in the same
zoning district under the terms of .
_ , this chapter and would work unnec-
_ essary and undue hardship on the
� aPPlicant.
e. _ The variance granted is the mini- ,
mum variance that will make possi-
ble the reasonable use of tfie land,
_ building or structure.
� £ The grant of the variance will be in
harmony with the general intenE and �
purpose of this chapter and such
� � variance will not be injurious to the
area involved or otherwise detrimen-
tal to the public welfare, �
James P. �a S �na
� 39 Golf View Drive Office: (561)-743-0592
Tequesta, Florida USA Fax: (561)-760-7608
October 26, 2010
E-Mail: jlaspina(c�atesi.com
Web : www.atesi.com
Subject: La Spina Request for Variance
Currently on our property we have a 9.5' X 10' concrete pad to support an emergency generator. We are
installing a small pool and the support equipment will also be installed on the generator pad. We are
requesting a variance to provide enhanced sound abatement, safety and esthetics for the surrounding
properties. In designing this structure we have considered the safety advantages of cement building verses
a wooden structure or fence to avoid flying objects during a storm. There was also carful consideration
given to the safety of chemicals and high voltage equipment associated with the pool project. The side
benefit of this building is the additional sound abatement provided in an effort to eliminate the noise of
pool pumps and the occasion operation of the emergency generator.
Tequesta Code 78-65 ,
� Special conditions and circumstances exist which are peculiar to the land, structures or buildings in
the same zoning district.
o Close proximity to the adjacent properties will value from the significant reduction of noise
pollution potential caused by the addition of the new pool equipment and the occasional
� operation of the Generator.
� The special conditions and circumstances do not result from the actions of the applicant.
o The preexisting housing layout does not lend its self to the unobtrusive location of utility
components without infringing with our neighbors environmental space. This structure is a
direct effort to minimize the impact on our surrounds and provide additional safety to
equipment that would in direct access to small children.
� Granting the variance request will not confer on the applicant any special privilege that is denied
by this chapter to other lands, buildings or structures in the same zoning district.
o We do not gain in any manor other then being a good neighbor.
� Literal interpretation of the provisions of this chapter would deprive the applicant of the rights
commonly enjoyed by other parties in the same zoning district under the terms of this chapter and
would work unnecessary and undue hardship on the applicant.
o We are not worried about equality for ourselves we are sincerely interested in preserving
the tranquility and safety of our neighborhood.
� The variance granted is the minimum variance that will make possible the reasonable use of the
land, building or structure.
o Every effort has been taken to minimize the structures foot print.
� � The grant of the variance will be in harmony with the general intent and purpose of this chapter
and such variance will not be injurious to the area involved or other wise detrimental to the public
welfare.
o This structure will provide safety and have a zero impact on public welfare.
� ZONING § 78-95
eminent domain proceedings. Repairs such as
plumbing or changing of partitions or other inte-
rior alterations are permitted.
(Code 1977� aAA• A, § �(A)(3))
Sec. 78-95. Extension of nonconformirig
building or use.
Buildings or structures or uses of land which
are nonconforming shall not be extended or en-
larged.
(Code 1977, app. A, § XIV(A)(4))
�
�
Supp. No. 6 CD78:36.1
Minimum Setb¢chs ' � � -
� � Min,imum
Maximum Liuing Are¢ Minimum � � � �� ��� � � , � � : p �
MinimumLot MinimumLot M¢ximum Suilding Require- L¢ndscaped � �.- �_ . ��� �' g '- -' -- � - � � - � � N
District Size Width Lot Coverage Front Y¢rd Side Yard `1�e¢r Yard Height merats Open Sp¢ce � N ^
� R-lA 12,000 sq. ft. 100 ft. 37% 25 ft. lOft.formairi 20ft.formain 2stories/30fl;. 1,600 sq. ft.. 3pq � ��"�` ` °�`" " ---- �"�'" - ` j o O W ��
building and building or main building ,, � o 'f� a m v
accessory structure or structure _,.���� ,_ = �-. �= M � � Q
. _ , _ - - -, building � Z U
lort.faTan i Stor rt. ( j EL PORTAL DRI�/E O z o
20 ft. for any accessory for any acces- \ �`� r O
Sec• 78-785. Floor elevation above sea level. �� Q�
corner lot building or sory building -�— X —
6 Z U � m
structure or structiire 6 � L� O �
I12inimum lowest floor eievation above mean �HNl � HK i rv,H�vr,��� Z O�� Q
sea level (MSL) for all new construction, additions / NORTH RIM ELE V, = 6,66 w O�
a n d su bs tan tia l inlprovements to existing struc- o w U U U°
tures shall be eight and one-half feet (MSL), 18 � �
� zw
inc hes above the crown of any road, street, cul- �� � j
de-sac or highway, or meet the applicable re quire- CATCH BASIN S 8 9° 5 9' S 4 �� �✓ WATER METER z �
m e n t s i n s e c tions 7 8- 7 8 6 t hrough 78-7gg of this F D 1" IR❑N PIPE �'� z w
article, whichever is more stringent. 3 �'�� / � � C O=
(Ord. No. 2-08, § 3, 2-14-2008) + "� �— Y
+ 6,51 � �
� 5 �6 FDUND 5/8" IRON RC1D � Q w�
/ SHALL�4/ LB# 6497 0,08'S �' o �
p,S e �� RECESS FOR � w�°
PC]�L C�VER, FENCE Z w LL
SHORING N❑T � 0,2'S,0,4'W � w � � �
S ITARY MANH�LE R E Q U I R E D, � �� N `
g '�.9 M 0 � �
� PR❑P❑SED �
ADDITI❑N
=90°00'00 �� 9 ,
R=90,00' �' z3.o� �
� � 36 ,4� �, is,l� . L❑T 577 �
A= 41,38' o ^� - �' � �- , , `
x �' 4 , 1,0' � O �
� � � 6 , 5' � l:a � ��� �
. 0 8,3' S,3' � 7,0' � � � � � 0 � �
ri 6,0' i� M i� �t�� ��`� Z� (�
11� f� o l7 0 �' � r� �
M Z W M � _ �� i O
2,1' � Hz � � �+ ,� �
/ M P❑�L �� � �D FENCE �� � �' ,. �C`'� � v1 � �
N;� F�RMS � o o,i�w � � �� Q W w W
� ELEV, � • �.� `
a �
� C❑VERED =9,0 � � � �'� � � O d
k 'I • 1,7' o FENCE �,..� � F
SET MAGNAIL 10,4' 1 STCIRY CBS 17,6' 20,0' -� � ��-�i m
W DISK LB# 2799 RESTDENCE z PR�P❑SED UTILIT �
ASPHALT DRIVE FINISH FL❑OR SHED
� � ELEVATI�N = 9,67 �* ' D 5/8" IR❑N R❑D
i---� � M� 4 LB# 6497
° � N N ,0 �
0,23'E, 0,07'N srrEPLarr
Q CC)NC, � ° ❑VERHEAD P❑WER LINE
- � ELEC, B❑X 58,1' � RE�,S�oNS:
4 �� O� I � I� IQ- ADDED POOL TO SITE PL
3 f G - _ �a_�5_�0
� W � LIGHT 1� UNDERGROUND GAS 8 7 0 5'X 15' ANCHOR 10,0 ' g, 0 3 SC -
� r--i � • -
> POST k �' EASEMENT F�UND 5/8" IR❑N R❑D -
� � N89°59'S4"E 120�00' GENERAT❑R ao8�w -
DA CE:
��UND 5/8" IR❑N R�D S� piF: -
J 10' UTILITY °ESI°'�R: -
DRAFiER:
� I^ 3 EASEMENT C _
V �
.. � I � r-, L❑T 576 LEGEND
� � � � � � � � � ��, ,.,,, � ,,.. .��.,
SCALE; 1�=20'0' _
SP-1
- - . SI-IEET: I OF: 1
Z96Z (699) 894£E VdR101d'ii311df1f '1� a131�aIf1W tlZ08
LZE8 N011b'2�Od2�0� JNIN2�3 3Hl `.LN341S�2�d ���ZS���Z �a � r--� o
OZ6ZZ 3d �'ON N011b'�I�Il�I�� N3N0f1�1 '`d 1S3N?�3 '�Id '2IQ A1�A 3"I0 6£ °`�' o , , , , , , �
uoi �eaodao �u�ua a ��Tas �� sav��r ��v� �a o ..�..�# F
.� � . � �-11 :�o� ��Q-�g �os���� W a , , , . A� Q �� o �
�J.B JNIa33NIJN3 l�ilf11�f12ilS
H �
� � o
W o � �
�+ N � � �
Q � � o�
�C �� � `�
� Q �
,n �� � ��
� U �
O O UY u� U �8 �
� � � O ��
� JW O 4 �
�v o
„OI
� Q o � m 4 o Q �� -� ��Z o �
� � �
--� � ii w w ° � _ �
�� � �_ ` — � — — 4
��� � NN � � ^ �
� �� � � �� � — � � �
Q� U��Q� I� � �.N � �- �
Z � � �
� � � � ,� �
0
m z = �
�, `r �� N ( z�� � � u_
� p � �d- r I X z � v 0 �n �� x —
w z Q O �_pw J��� I Lu
�� d. O I � Nw`n �—
� z
� w - oC
�
�� � d v Q N v � � � � �
p[L p O� "� � w� Q� v I Gn
�-" � � -�-� � ,.�"'u � O `r I�-----�¢ � O
o ° � s' �,- � ° � ,� "' .� ---------- `� _�
� ��
� � - �}
I I O II` II O I Ily 1� � \
I I � � II� I� � �
O I I ' ,�? � °' '� �
� I i ��, �
� I '`� � mm
O I I I ; i:S' O �
lJ- �
� o � � -� � �
I1 � � — .
i� � � �
�
� z
� � w
0
�
� �
� v
�
o � ��� ��o
�-- O �
� � �� ��O ��01
� � � � 9NIN�dO b
� II � � - --- �--
�� � � � � � �i �-
� � i Q � �I O I
� (�, � z z � 1 �� � � � w
1�--III ilul � � �} � 11� � � �� z z I p C�'S �
� � � Q � Q � � _ �U �w _
� � z � �
� � (� – � w � � � z C� �. � � � i � �
Op/� � I � m z� �� p � w °� - O �
� vpd ;nf � + �u� �� � ----� �o� —
� � � �v� � �� � n WQ � � �
� � ml� II N � z � lLZ � - I�
� �� Q- lU }- u-I t1 � z {�/ � � � � r � z \ � —w
� �� � OO � � �
� �� o��oQ= � -�- � ° n�000 � .s�a
� �
— � Jpt�f � o � X � o � � �- � � o � � N - - - - ��l�J- -
� �� ��v � � �Y �nvwo
p w �n Ll � �
� �� �-�� �� � � Q �zt`�L�a�o �
� �� `��� z� � � � -�
� � Q O � � n
�i�� � � � �� X � �-
� �-- � ��9-�l ���b-�S ��9-�I
— � Q Q � � �_.
� � .� � � — W
� n'- X � Q
-lll �'
� .d�
� �, _ � � �
•
` s
Z9lZ-LbL �194) 894££ ValaOl� '21311df1f 'l� O131�LIIf1W HZ08
LZ£8 NOIl`d2�Od�10� �JNIN2�3 �Hl `1N�41S3�Id �'Z� `�'S,S�f1��.L o N o
OZ6ZZ �d �'ON NOIl`d`JI�Il�I�J N�N0f1�1 �b' 1S�N�13 '2�a '2�Q m�A ,3�IO 6£ Q ' ' ' ' r ' �
uoi��eaodao� �uiva� ay1 ��as��s�v��r��v� W � � W
�J.B JN1�13�NIJN� �`dLIf11�f12ilS �ZIO,� ��IIQ ZIOZ�I�I�I�� a , , , Q �
H
�
� o
�
a � �, ��
� �y- Q o Q
Q E-+ o = �
N � � � �
W
� � ° I
Q X z
� � I
� � I
a
0 4 � I �
� Q N � � (� �
� �F � Q � O � I
F H � � 0
w Q
� �� � � � I � II
_ ? O v z \
� � O �Z Z �
� � � �~ � �
} s� o � o� � v
� �� � o �� � �
° � � �n
� �Q d � � o
J� o� w � tY v
� ��
V- ~
l� � _-
� �� �
0 �
�� � w
�
� �z Z � �
z =� � � �
a
_
� ��>
�>¢
� � �
Q �
'� ��Q � �o �
LL `�~� z �
� � �
Ll-! o�o � �� �
Q Q�'� w ux �
Q N � � � �
� �� � �� � �
z �, ��, ��� �
Q ��� -
�
J � � F z Z ` �
� � � ,Q }
� r �- X � �U N 3 I I
� a — Ll � , �n
� � � p- � � � � O I- �
� v
� `" � O �
� � � �
� �
Z �
„O-,8
� o
3 IS NO '19H '?1 c� � � _
���b I � �
� �
I � � �
� ~ I ¢
� � ��
� o �� o I
� �
� � � I o � I �
� �- ` I w I jU . �
I } Q I I — ,-�
n � } ! n
� � � �
_ (n W � i; ll.l
� � � Q
� � � :�
� � �
Z56Z �699) 894EE N4RI01d'?J311df1P '1� O131d2iIf1W VZQB � ° ,
LZ£8 N011b'bOd2�0� JNIN2i� 3Hl `1N3aIS��ld "I.� `F�,LS�fl��,L �z .;;x w
a � ,� a '�"� o
OZ6ZZ 3d �'ON NOIlH�l�112��� N�NOfl�1 'b' 1.S�N�1� '�Ia '2IQ 141�A ,�'IO 6£ � "��� . '^
w � z � vl
uoi��eaodao� �uiva� ayl ��as��s�v��r�xv� o � ���� W
�A8 JNIa3�NlJN3ltfti(11�n2ilS 2IO3 �NIQ 2IOZF�I�I�� � � , , , , q� QQ�� �
�
� °
u, Q
O �
�
W O z ° w I °_°
Q III- _ �
� d � �n �d w I—I � � o
o ��n � �- N�c u� I I I � �.�
O V {— F J � Q I L�
� U =� � � �y � w � o�o � � � ��°v �
O � �Q Q x �� m � o �om z o `� III- �o��
,,_, > � v o � � � � o I!I z = w
� �_ --� w �� � �z � wo � � 111= o= �" �.
�� � � �o �i Z Z ��� o � �_� ``� _
°� QcL ��° �� �� o ��='x v - 111= N�Qz
z� � NQ�X � �� � � w�n� � `p �—� '_>���OO �I�
Q m c�l �'� LL m r� N� v U � g[n �[L � � � � �_ `sJ �— Q�
�d �- ,< ,� u., � � n- �—� � � r
�� �� � �-* �-v� � w ���- zi�i. �
^ I
� `') �j ���� ���'���—���-
�—��� ���—�� �
°� o o- ° -I I I I—I I I=
�: � � � � � � o � ��Q ��g I— 1=1I1=1I
X��� z �° - � � i i—i i �= I I!-1 I I_I I �
�� $°QOQ�� � .. �•� II1=�_ _
�� ������ .: o.��lll—TI=o :II
� � � Q � oc w Q ��° �—I I I-1 - �
�o° �ooQ��� � ' �' I -- =11 �
¢ N Z ° a� ��,� o � o I I 1=1 I I—I I I—f -
� � —I I I-1 I I—I I I—I I 1=1 I
�-- u � O p- � C� � z X o = i p
z � Q O p O w�� z � r � v �� _���_���—���- — _
iy � z� ��- (L z in z cV v .� � �� O v �—� � �—, —� � �—� � �
O z�� � E-- � w O�U u-' � � v � �' � Q- o I I I—I I I—I I I I I I=I I I- �
�oz� �o�,�.�z� � Qo W� �m 1=111-1�1=11 {II—{I � _
,���� �--��°°�� �� � �� III-11�—'�I III-11l= ��
= .,v- ���w�� w� � -jz�+ I—III-� 'II=III—II --� N
� u- � Z z,.�� o Q�_,� z�° �° m I I I— I I� 1= 1 I!= 1 I I- -- .�
z� w-� °� Q,��� o z w� � Q N I—I I I- `t' -I I 1=1 I 1=1 I _-
o°�, �o�z�,f,= "�'N � �oo � IIII �
U � Q s�¢��� o ��� I I I—I I � 1=1 I I-1 I 1= �<C
o� Q� � z���� I—I i i= �=1 I I—I I I—I i �
z� a� s o����� I I I—I I� I—I I I—I I I= Q(�j
I—I I 1= !- =1 I 1=1 I 1=11
��o III—II � I—III-111=
I—I I1= � -III-111=11
111-11 � I—I I I-=11I-
1=� I i= w=1 f I�I I I-i i
I I I-1 I,_, ,1=1 I I-1 I I-
— I l-1 I I-1 I I-1 I I-1 I
n
w �
� � o �
�Q�� a
z�u-� a
= o � Q � ,
Q Q �` ^ �Y � � � z � � � - '� . .
Q � 0��� ~ aO� Q zwQ
� � °-'NMro Ll���� O`�(]
LL � �`�� w z� m � - --�
Q U4�� a a4� `�
�C� ��w`-°, � W �w u; _ • v �--
_ � � ��w� � Q�Q z p QSl.
� �1 N
N��0� O Iy �qp U l� Q'�cncn N �-�- �
c� � 0�_ (Y�jU� Q �,FQ� cp �U . �" � .
W F �emm aNZ�a ONUC (� � I �
w N Q�ac�n Q ��Q� � Q
�i Qz � a�� � p �
Q u � � •� z W vw r Q � —
p � � °u ° Qmn� ���c J O �
m , p e p� �� Q �
Z o � � � F � � w � � � � r o� W Q � Z � �- � ���0 �� � S�SSfI?Jl
r
w w z , � t �
� � u�i ° � o n ° � o n � � d � � 4 0 ��, ' _ �M '9N3-�21d
Q�� — �— ��
J � O U � QO�� pw ��QQ �zQ �9 —�
� � V fn "-- 61a�m� w=�Y��� iu��� ��� �
� .� c� �-- � �- r- ul > N (p
O U � � � <4 pL1�uQ � ����p Od �
I-u z n% O � z�d� Qp�� ��61 O p���
U=t z� c. - Q� B m� B `� ui w�� tD w� a-' Q� B � al�l�-
�� �� w IK n 0`� mv OfY==_ w0 ��wQ OZ � -
Z Z Z�� ���� �pZnx�ht Q�=�Llrnp �.
'4 Z � � `r m � � 1 Q � � � Q r � � � W � _� � _
�
`" V lll Wlll�cp l � �
2
O 0 Z U —
U � p �� z���� ulw OO�� w 4� -ii
wQ.. � _1Y
U �1 U q -� � i- � U Q�� Z-i � '�
z d4Q � �!- NNmdwXp �
� � — F Ul lU —
� _ � � Q � � Q � f1 �0 � 0 -� lA t- u{� �
V c�cnO�z� ���� >� � �
r W U 7 � fk' s -1
IL� p � d�� � �
� FNNN `D` ���-�� � �'
�n��� `��4��4 fKWw�rUUu
��w�� ^ �N`ozZz
A � .
Qtt14�=�..�r
'_ �i ai d' � �p
. •
•
GE OF TE ♦ I��Ll�i� �� 1���1J� ill
v P G �J'
f �'
� �
y O..
�� � .
DEPARTMENT OF COMMUNITY DEVELOPMENT
• ��-< %� ` 345 Tequesta Drive • Tequesta, Florida 33469-0273
� a
� �.�' Q
� O
9 ` 4�
� 4ch COUHt
November 2, 2010
Mr. & Mrs. J. LaSpina
39 Golfview Drive
Tequesta, FL 33469
RE: REQUEST FOR VARIANCE
Dear Mr. & Mrs. LaSpina:
Please be advised your request for a variance has been placed on the Agenda for the
Board of Adjustment meeting being held on November 15, 2010, at 7:00 p.m. in Council
Chambers, located at 345 Tequesta Drive. It is in your best interest to attend the
meeting or have someone present on your behalf with knowledge of your project in the
event any questions arise.
• Enclosed you will find a letter which was sent to all residents within a 300' radius of your
property.
Please feel free to contact the Department of Community Development at 768-0450 if
you have any questions or concerns.
Sincerely yours,
. ����'1
James M. Weinand
Acting Dir. of Community Development
/pn
Enc.
•
PGE � ' VILLAGE OF TEQUESTA
v G �s
� �
9
'' � � � � , DEPARTMENT OF COMMUNITY DEVELOPMENT
• 9 �< '� ` 345 Tequesta Drive • Tequesta, Florida 33469-0273
3 ��' � (561) 768-0450
,° o
R = r 4 v
� COUN
November 2, 2010
Dear Property Owner:
RE: JAMES AND JEAN LA SPINA
39 GOLFVIEW DR, TEQUESTA
As the owner of property located within 300 feet of the above-referenced property, Public Notice
is hereby given that the Village of Tequesta, Florida, will hold a Board of Adjustment meeting
on Monday, November 15, 2010, at 7:00 P.M., in the Village Hall Council Chambers, 345
Tequesta Drive, Tequesta, Florida, to consider:
V 2-10 Request for variances in order to construct a rear yard utility building,
and an addition onto an existing single family structure: Relief from Sec. 78-95
� to allow enlargement of a non-conforming building and relief from Sec. 78-143 to
allow a corner side yard setback of 19.6' where the code requires a minimum of
� 20' and to allow a rear yard setback of 5.53' for an accessory building where the
code requires a minimum setback of 10' for an accessory building. The address
of the property is 39 Golfview Drive, Tequesta, Flarida, 33469. The legal
description of the property is Tequesta Lot 564. The property is located in Zoning
District R-1 A.
At such time and place, the Board of Adjustment will hear all the evidence in support of ar in
opposition to this application. You are advised that if any person decides to appeal any decision
made by the Board of Adjustment with respect to any matter considered at the Meeting, he/she
will need a record of the proceedings, and for such purpose, he/she may need to ensure that a
verbatim record of the proceeding is made, which record includes the testimony upon which the
appeal is to be based.
VILLAGE OF TEQUESTA
FOR: THE BOARD OF ADJUSTMENT
�,_�` f
�° i ��r.��,���.� },
<�
m � M. Weinand �``�
ing Dir. of Community Development
• pn
• ZONING § 78-62
this chapter, which amount shall be paid to the ing to single-family properties and structures
village at the time of the filing of such petition. located ��vithin the R-1A and R-1 �ingle-family
Such surn shall be a flat fee and the fee, or any dwelling districts of the village. The village coun-
part thereof, shall not be refundable. The building cil shall consider appeals and variances relatuig
official is authorized to furnish application forms to all other properties not within the jurisdiction
for all requested zoning changes. Legal descrip- of the board of adjustment, including properties
tions, surveys and other information required to within the R-lA and R-1 single-family dwelling
consider the requested zoning change shall be districts which are not single-family, and struc-
furnished by the applicant. tures and properties in alI other zoning districts
(Code I977, app. A, g XVII(g)(I)) in the village, and appeals and variances relating
to subdivisions in any zoning district.
Sec, 78-33. Reconsideration after denial. (Ord. No. 7-08, § 2, 4-10-2008)
Should a proposed zoning amendment be de-
nied, after having a public hearing as provided in Sec. 78-62. Board of adjustment established;
this article, the village council shall not recon- membership; rules of proeedure.
sider such amendruent or request for an amend-
ment for a period � of siY months after denial, (a) A board of adjustment is hereby estab-
unless the village council determines that the lished, which shall perform its duties as provided
public interest shall require it to do so. by law in such a way that the objectives of this
(Code 1977, app. A, § XVII(B)(2)) chapter shall be observed, public health; safety,
and welfare secured, and substantial justice done,
Sec. 78-34, Building permit moratorium.
� Upon the determination that a zoning review is �b) The board of adjustment shall consist of
desirable and that a public hearing should be held five regular members appointed by the village
as provided in this section, the village council council, who shall serve without compensation
may, in its discretion, establish a building permit and for a term of three years. In addition to the
moratorium for the area under consideration and regular board members, two additional members,
so notify the building official. In declaring such to be designated as alternate #1 and alternate #2,
moratorium, the village council shall specify the shall be appointed to serve in that order at
nature and type of new construction barred by the meetings of the board when necessary on the
moratorium. The village council shall also specify bOard as a quorum. In the case of only three
the duration of such moratorium. members present, all present shall have to vote in
(Code I977, app. A, § XVII(C)) favor of a variance to make it effective. Alternate -
znembers shall serve for two years, but of the first
Secs. 78-35-78-60. Reserved. aPAointed alternate members, one shall serve for
one year, and one shall serve for two years.
Thereafter, alternate members shall be appointed
A�S,�ICY.� III. .E�'FPr,EiI.S � VAR.IAP]CES* for two-year terms.
Sec. 78-G1. Generally. (c) Vacancies in the board membership by res-
ignation, illness or other causes shall be filled by
Appeals and variances described in this article the village councit for the unexpired term of the
sha]I be considered by either the board of adjust- member involved. Members ofthe board of adjust-
ment or the village council. The ��ard � men� may be removed from office by the village
��n�-���2 c`o'nsider app�"��s�an��"v�a�n�esrei�t= � council upon written eharges and after public
'�Editor's note—prd. No. 7-os, § 2 adopted April 10 hearing. The board shall select its own chair and
2008, amended article III in its entirety to read as herein set �ce-chair arinually at the first meeting of the
� out. Former aTti�le IrI §§ 78-61-78-69 pertained to similar calendar year. The community develo�ment �rec-, _
subject matter, and derived from app. A, §§ XIII(A�-{I) of the tor or a designated representatiye shall. serve as
1s77 Code. clerk and advisor to the board:
Supp. No, s CD78:33
• § 78-62 TEQUESTA CODE
(d) All members of the board of adjustment (c) The owner of the property for which the
shall be qualified electors of the village. appeal is sought or the agent or attorney desig-
nated by the owner on the submitted notice of
(e) The board of adjustment shall adopt rules appeal shall be notified by mail of the date and
of procedure for the conduct of its business, con- time of the hearing.
sistent with the provisions of this chapter. Meet- (Ord. No. 7-08, § 2, 4-10-2008)
ings of the board shall be held at the call of the
chair, and at such time as the board may deter- Sec. 78-64. Stay of proceedings pending de-
rnine. All meetings of the board and its files or cision on appeal.
records shall be open to the public. An appeal stays all proceedings in furtherance
of the action appealed from, unless the officer
(f� The board of adjustment shall also keep from whom the appeal is taken certifies to the
rninutes of its proceedings, showing the vote of board of adjustment or the village council, as -
each member upon each question, or, if absent, appropriate, after the notice of appeal shall have
indicating such fact, and shall keep records of its been filed with him, that, by reason of facts stated
examinations and other official actions, all of in the certificate, a stay would, in his opinion,
which shall be immediately filed in the office of cause imminent peril to life and property. In such
the village clerk and shall be a public record. case, proceedings shall not be stayed otherwise
(Ord. No. 7-08, § 2, 4-10-2008) than by a restraining order, which may be granted
Cross referenc�Administration, ch. 2. by a court of record on application, on notice to the
officer from whom the appeal is taken and on due
Sec. 78-63. Appeal procedure. cause shown.
� (Ord. No. 7-08, § 2, 4-10-2008)
(a) Appeals to the board of adjustment or the
willage council, as appropriate, may be taken by �ec. 78-65. Powers and duties of board of
any person aggrieved by any decision of the adjustment and village council;
administrative officer charged with enforcement public notice.
of that portion of this chapter relating to the (a) The board of adjustment and the village
powers and duties of the board of adjustment or council shall have the following powers in regard
the village council. Such appeal shall be taken to appeals and variances within their jurisdiction
within 15 days of receipt the written decision as defined under section 78-61:
being appealed, by filing with the village clerk a (1) Hear and decide appeals where it is al-
notice of appeal specifying the grounds thereof. leged there is error in any order, require-
The officer from whom the appeal is taken shall ment, decision or determination made by
forthwith transmit to the village clerk all of the an administrative official in the enforce-
papers constituting the record upon which the ment of this chapter or of any ordinance
action was taken.
adopted pursuant thereto.
(b) The board or the village council, as appro- �2) Authorize upon application in specific cases
priate, shall fix a reasonable time for the hearing such variance from the terms of this chap-
of the appeal, give public notice thereof, by send- ter as will not be contrary to the public
ing notice through regular mail to property own- interest, where, owing to special condi-
ers of record within a 300-foot radius of the tions, a literal enforcement of the provi-
outermost perimeter of the subject property and sions of this chapter will result in unnec- -
by publication in a newspaper of general circula- essary hardship. The power to grant any
tion within the community, a minimum of ten such variance shall be limited by and
days in advance of the public hearing and decide contingent upon a finding by the board or
� e same within a reasonable time. Upon the council that:
aring, any party may appear in person, by a. Special conditions and circumstances
agent or by attorney exist which are peculiar to the land,
Supp. No. s CD78:34
ZONING § 78-66
•
structure, or building involved and ment or the village council ��rith respect to a
wh.ich are not applicable to other variance, or other matter, pertaining to the prop-
lands, structures or buildings in the erty in questions shall obviate the necessity for
same zoning district. such site plan review. Where a requested building
b. The special conditions and circum- Permit has been withheld by the building official
stances do not result from the ao- for want of compliance with applicable laws and
tions of the applicant. ordinances beyond the jurisdiction of the board of
adjustment or tlie village council, no building
c. Granting the variance requested will permit shall be issued regardless of any decision
not confer on the applicant any spe- of the board or village council until the require-
cial privilege that is denied by this ments of such laws and ordinances have been
chapter to other lands, buildings or met.
structures in the saine zoning dis-
trict. (d) Under no circumstances shall the board of
d. Literal interpretation of the provi- adjustment or the village council grant a variance
sions of this chapter would deprive to permit a use not generally or by special excep-
the applicant of rights commonly en- tion permitted in the zoning district involved or
joyed by other properties in the same any use expressly or by implication prohibited by
zoning district under the terms of the terms of this chapter in the zoning district. No
this chapter and would work unnec- nonconforming use of neighboring lands, struc-
essary and undue hardship on the t�res, or buildings in the same zoning district and�
applicant. no permitted use of lands, structures or buildings
in other zoning districts shall be considered grounds
• e. The variance granted is the mini- for the authorization of a variance.
mum variance that will make possi- •
� � F
ble the reasonable use of the land, (e),�°-�Oti�e ���u��� �i��.g` °� �he �oarc� tif. °'
building or structure. adjustment shall be advertised a minimum of ten
days in advance of the public hearing in a news-
f. The grant of the variance will be in paper of general circulation in the area.
harmony with the general intent and (Ord. No. 7-08, § 2, 4-10-2008)
purpose of this chapter and such
variance will not be injurious to the
area involved or otherwise detrimen- Sec. 78-66. Decisions; required vote;
tal to the public welfare. resubmission after denial.
(b) In granting any variance, the board of In exercising the powers mentioned in section
adjustment or village council may prescribe ap- 78-65 the board of adjustment or the village
propriate conditions and safeguards in conformity council may, in conformity with the provisions of
�vith this chapter and any other ordinance en- this article, reverse or �rm, wholly or partly, or
acted by the village council. V'iolation of such �ay modify the order, requirement, decision or
conditions and safeguards, when made a part of determination appealed from and may make such
the terms tuider which the variance is granted, order, requirement, decision or determination as
shall be deemed a violation of this chapter. _ ought to be made, and to that end shall have all
the powers of the officer from whom the appeal is
(c) In reviewing matters brought before it pur- taken. The concurring vote of three members of
suant to the provisions of this article, neither the the board of adjustment or the village council
board of adjustment nor the village council shall shall be necessary to reverse any order, require-
exercise authority or jurisdiction over matters ment, decision or determination of any such ad-
which are specifically reserved to other officers, ministrative official, or to decide in favor of the
• boards or agencies of the village Where _site plan applicant on any matter upon which it is required
review is necessitated pursuant to the provisions - to pass under this chapter, or to effect any varia-
,; �..
of this chapter, no decision of the board of adjust- tion in this chapter. Any request denied by the .
Supp. No. s CD78:35
� § 78-66 TEQUESTA CODE
board of adjustment or the village council shall (b) The building official may waive the filing
not be resubmitted for a period of 90 days after fee when the applicant seeks a variance to replace
the date of denial. an existing screened swimming pool enclosure
(Ord. No. 7-08, § 2, 4-10-2008) with a new screened swimming pool enclosure
having the same dimensions but a greater height
Sec. 78-67. Appeal to circuit court. than the existing screened swimming pool enclo-
sure.
Any person or persons aggrieved by any deci- �Ord. No. 7-08, § 2, 4-10-2008)
sion of the board of adjustment or the village Secs. 78-70-78-90. Reserved.
council under this article, may appeal such deci-
sion in accordance with state law.
(Ord. No. 7-08, § 2, 4-10-2008) AR,TICLE N NONCONFORMING USES
Sea 78-65;�,7�m� limit'atiori on variances. Sec. 78-91. Continuation generally.
The lawful use of any building, structure or
The board of adjustment ox the village council land existing at the time of the adoption of the
may prescribe a reasonable time limit within ordinance from which this chapter is derived may
which the action for which the variance is re- be continued although such use does not conform
quired shall be begun or completed or both. How- to the provisions thereof; provided, however, the
ever, .if no time limit is specified by the board, of conditions in this article are met.
,.
adjustment or the village council, then the vari- (Code 1977 app. A, § XIV(A))
� nce 5fia�1 expire within six months from the date Cross reference—Buildings and building regulations, ch.
f grant, unless a building permit based upon and 14. �
< incorporating the variance is issued within the ,
su�-month period and construction has begun there- Sec. 78-92. Restoration of unsafe structures
under. or buildings.
(Ord. No. 7-08, § 2, 4-10-2008) -
Any structure or building or portion thereof
declared unsafe may be restored to a safe condi-
Sec. 78-69. Filing fee. tion.
(Code 1977 app. A, § XIV(A)(1))
(a) Upon filing an application with the board �
of adjustment or the village council under this Sec. 78-93. Previously approved construc-
article, the applicant shall pay a fee to the village tion.
at the time of filing of such application. The fee Nothing in this chapter shall require any change
shall be in an amount as set by resolution of the
village council and on file in the village clerk's in plans, construction or designated use of a
office, shall not be reimbursable, and is intended bui�ding or structure for which a builcling permit
to defra the costs of administerin has been issued and the construction of which
Y g, processing shall have been diligently carried on within six
and reviewing the application. Additionally, to months of the date of such permit.
cover all additional administrative costs, actual (Code 1977, app. A, § XIV(A)(2))
or anticipated, including, but not limited to, ad-
vertising costs, engineering fees, consulting fees, Sec. 78-94� Maintenance or alteration of non-
attorneys' fees and special studies, the applicant conforming building. -
shall compensate the village for all such costs
prior to the processing of the application, or not A nonconforming building may be maintained -
later than 30 days after final application ap- and repairs and alterations may be made, except
� val, whichever is determined as appropriate that in a building which is nonconforming as to
he community development director, or desig- use regulations, no structural alterations shall be
nee. made except those required by law including
Supp. No. 6 CD78:36