HomeMy WebLinkAboutOrders_Variances_11/15/2010_V 2-10 ORDER OF THE VILLAGE OF TEQUESTA
BOARD OF ADJUSTMENT
REQUEST FOR VARIANCE
CASE NO.: V 2 -10
IN RE: James and Jean La Spina
PROPERTY LOCATION:
39 Golfview Drive, Tequesta, Florida 33469
LEGAL DESCRIPTION:
TEQUESTA LT 564
PARCEL CONTROL NUMBERS:
60- 42- 40- 26 -01- 000 -5640
VARIANCE REQUESTED:
The property is located in the R -lA Zoning District at 39 Golfview Drive and is part of the
Tequesta Country Club. The single family home on the property was not constructed in
conformance with the Village of Tequesta's side yard setback requirements. Relief is requested
from Section 78 -143 of the Village of Tequesta Code of Ordinances to allow a minimum side yard
setback of 19.6 feet for the existing building where the code requires a minimum side yard setback
of 20 feet. Further relief is requested from Section 78 -143 to allow construction of a new utility
building at 5.53 feet from the rear lot line where the code requires a minimum rear yard setback for
accessory buildings or structures of 10 feet.
ORDER APPROVING APPLICATION IN PART AND DENYING IN PART
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 applicants 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 -lA - Single - Family Dwelling District in the
Village of Tequesta.
2. The applicants have submitted all documents required by the Village's Code of
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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 November 15, 2010
meeting, and as kept on file by the Village, are made a part hereof as Exhibit "A"
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 applicants have applied for a variance to allow a side yard setback of 19.6 feet
where the code requires a minimum of 20 feet so that their existing home will be in
conformance with the Village Code of Ordinances. The applicants also have applied
for a variance to allow the construction of a new utility structure at 5.53 feet from the
rear lot line where the code requires a minimum rear yard setback for accessory
buildings or structures of 10 feet.
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 2 -10 with reference to the above described
property within the Village of Tequesta, Palm Beach County, Florida, to permit a side yard setback
of 19.6 feet for the existing structure, in accordance with Exhibit "A"
is hereby APPROVED since the Village of Tequesta Board of Adjustment finds that the
applicants have met the standards set forth in Section 78 -65 of the Tequesta Zoning Code for
variance approval. The property now is in conformance with the Village's side yard setback
requirements.
The application for Variance, Case No. V 2 -10 with reference to the above described
property within the Village of Tequesta, Palm Beach County, Florida, to permit a rear yard setback
of 5.53 feet for the construction of a new utility structure
is hereby DENIED since the Village of Tequesta Board of Adjustment finds that the
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applicants have failed to meet all required standards set forth in Section 78 -65 of the Tequesta
Zoning Code for variance approval.
* The term applicant(s) as used herein shall include all successors and assigns.
DONE AND ORDERED THIS �' DAY OF NOVEMBER, 2010.
l�
STEV9 PULLON, CHAIR
VILLAGE OF TEQUESTA
BOARD OF ADJUSTMENT
DEANNA MAYO
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