HomeMy WebLinkAboutDocumentation_Regular_Tab 10_06/14/2012 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #:
June 14, 2012
Consent Agenda: No Resolution #:
Originating Department: Community Development
AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
CASE # VAR 5-12: Consideration of request for variance from the requirement of Sec. 78-740 to allow a
freestanding identification sign, with a zero (0') feet setback, for Hannah's Home of South Florida, Inc. located
at 4390 County Line Road, Tequesta, FL. The property is located in the R-1 Zoning District. The applicant is
Ramsay Bulkeley for Hannah's Home of South Florida, Inc.
BUDGET / FINANCIAL IMPACT:
Account #: N/A Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: No Appropriate Fund Balance: No
EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
Consideration of request for variance from the requirement of Sec. 78-740 to allow a freestanding
identification sign, with a zero (0') feet setback, for Hannah's Home of South Florida, Inc. located at 4390
County Line Road, Tequesta, FL. The property is located in the R-1 Zoning District. The applicant is Ramsay
Bulkeley for Hannah's Home of South Florida, Inc.
APPROVALS: SIGNATURE:
DepartmentHead � � � �, . -�� � : z_,,�, ,
Finance Director - -----�-
Reviewed for Financial Sufficiency ❑ �, �
No Financial Impact ,;����
Attorney: (for legal suffi�iency)
Vil lage Manager: �,!---7 , --------�----�
Submit for Council Discussion: ,� ���
Approve Item: ❑
Deny Item: �
SPECIAL INSTRUCTIONS FOR CLERK: (if you wish to have agreements signed, be sure to include the
number of copies you want signed and place "Sign Here" sticker on them)
Form Amended: 10/20/11
G � � rE VILLAGE OF TEQUESTA
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, ,� � DEPARTMENT OF COMMUNITY DEVELOPMENT
� 9 — `=� ' a 345 Tequesta Drive • Tequesta, Florida 334C9-0273
3 �-�' � o (561) 768-0450 • Fax: (561) 768-0698
� 4 �
� COUN�
MEMORANDUM
TO: Mr. Michael R. Couzzo, Jr., Viliage Manager
Honorable Mayor and Village Council Members
Village Attorney
FROM: Nilsa Zacarias, Dir. of Community Development ,��
DATE: May 30, 2012
SUBJECT: VAR 05-12
Consideration of request for variance from the requirement of Sec. 78-740 to allow a
� freestanding identification sign, with a zero (0') feet setback, for Hannah's Home of South
Florida, Inc. located at 4390 County Line Road, Tequesta, FL. The property is located in the R-1
Zoning District. The applicant is Ramsay Bulkeley for Hannah's Home of South Florida, Inc.
Hannah's Home is a Special Exception approved boarding school for young expectant mothers located in
the R-1 Zoning District. The Code allows for specific signs in the residential districts, but does not
address signs for schools. The applicant is asking for a zero (0') feet setback from the front property
line. The road right-of-way fronting Hannah's Home is 50' from the centerline of County Line Road back
to the actual property line with approximately 15' of paved surface and the balance as grassed/unpaved
area. This can be seen on the attached survey and aerial of the subject property.
Attached:
• Copy of Public Notice
• Application for Variance
• Variance Backup
,
•
• � VILLAGE OF TEQUESTA
'� � DEPARTMENT OF COMMUNITY DEVELOPMENT
� ,�; 345 Tequesta Drive
,�, �'r' Tequesta, FL 33469
�� ,� � o � (561) 768-0450 Fax: (561) 768-0698
�� - � �; � �
�+ APPLICATION FOR VARIANCE var. # I�
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PROJECT NAME: �i�+.�'�1�� Z�.��-+�� n � �, ,r� � �. � �,'' �;�;_ -
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PROJECT ADDRESS: �-•-�`"� �' ? . � ; �-- � . , = <�.: �� �'
Appiicant Name: -.vt�; • �• � ����-�', � •'
Applicant Address: �`'� � ° �� � � � ' � � j '� �
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Appiicant Phone No.: __�'``�'�' �� �..' ` ��, � Fax '' %
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Cell Phone No.: E-mail Address: i �,� ►�� Y��- ���+� ���� �� ���v4
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Provide written approval from the property owner, �f other than the applican�-, �
Property Owner's Name: '. a , (,,t ;� ; ��::
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Property Owner's Address: � � � , , �� ,__ �- ^ � -: f� , ;"� '
Property Owner's Phone No.: Fax No.: E-mail Address
yATURE OF VARIANCE: � ; �,C�.a _ `� .:�.,-_ � ,��� �, `S -- �� �'�-�� a� �:;
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JUSTIFICATION OF VARIANCE: Please address the six (6) criteria of the Zoning Code Sec. 78-65 (2) a.-f. .
attached for your reference. If your variance request is related to the public waters of the state comp�ising the
Loxahatchee River and the Intracoastal Waterway and all creeks, canals or waterways or tributaries connected therewith,
located within the geographical boundariss of the Village, you rnust also address the ten criteria listed in the Sec.76-7.
� - , ���' �� �
NOTE: APPLICANT SHALL INCLUDE THE FOLLOWING ITEMS WITH THIS APPLICATION:
1) Current sealed survey of property showing all structures and setbacks.
2) Drawings to scale of proposed improvements.
3) Any other documentation pertinent to this application.
4� 15 Copies of all submittals
5) Application Fee of: A) Single Family: $ 300.00
B) Duplex: 500.00
C) Multiple Family: 750.00
D) Commercial: 1000.00
*To cover all additional administrative costs, actual or anticipated, including, but not limited to, engineering fees, consultant
fees and special studies, the applicant sha{I compensate the Village for all such costs pnor to the processing of the
application or not later than thirty (30) days after final application approval, whichever is determined as appropriate by the
• Village. ;
. �/� `_..�� r p ,
SIGNATURE OF APPLICANT: f`'� � �� f DATE: '? �~'-�
�, r i
ARTICLE III. - APPEALS AND VARIANCES Page 1 of 1
• Sec. 78-65. - Powers and duties of board of adjustment and village council; public
notice. �._
(a) The board of adjustment and the village council shall have the following powers in regard to
appeals and variances within their jurisdiction as defined under section 78-61
(�) Hear and decide appeals where it is alleged there is error in any order, requirement,
decision or determination made by an administrative official in the enforcement of this
chapter or of any ordinance adopted pursuant thereto.
� Authorize upon application in specific cases such variance from the terms of this
chapter as will not be contrary to the public interest, where, owing to special
conditions, a literal enforcement of the provisions of this chapter will result in
unnecessary hardship. The power to grant any such variance shall be limited by and
contingent upon a finding by the board or council that:
a� 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.
b• The special conditions and circumstances do not result from the actions of the
applicant.
�• Granting the variance requested 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.
d� Literal interpretation of the provisions of this chapter would deprive the
• applicant of rights commonly enjoyed by other properties in the same zoning
district under the terms of this chapter and would work unnecessary and undue
hardship on the applicant.
e� The variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure.
f� 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 otherwise detrimental to the public welfare.
•
httn://librarv.municode.com/HTML/13868/level3/PT1TC(�(�R CH787,n ARTiIiAPVA.html 5/30/2012
� Planning & Development.
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•
Hannah's Home of South Florida
Variance Approval Application
Village of Tequesta, Florida
May 15, 2012
Variance Rec�uest
Hannah's Home of South Florida, Inc. ("Hannah's Home" project approved by the Village as a
"Boarding School for young expectant mothers / Special Exception School" located on Counry
Line Road, in the Village of Tequesta. On November 12, 2009, the Village of Tequesta's Village
Council approved a special exceprion to allow a school use on the subject property subject to a
condition of approval.
�rticle �I Secrion 78-740 of the Village of Tequesta's Code of Ordinance states: "In residential
districts R-1A, R-1, R-2, R-3 and in residenrial areas of a rnixed use ("MU") development no more
than one sign per lot shall be permitted with an exposed area of not more than four square feet, and
advertising only the sale, lease or rental of the lot or the improvements thereon. No off-site signs
shall be permitted; except, however, one open house directional sign of not more than two square
• feet, located on the same block as an advertised open house, is permitted during daylight hours on
Saturday and/or Sunday only. Such sign shall be exempt from any village permitting requirements".
The code requirement is a general provision that does not differentiate between residential uses and
uses which are allowed in these particular zoning districts as special exceprions. As stated above, the
Village of Tequesta's Village Council approved a special exception to allow a school use.
By complying with the literal provisions of Article XI, an undue hardship would be created for this
specific use. It is not the desire or intent of the applicant to provide a large sign and potentially
creating an undesirable condition along this secrion of Counry Line Road. The applicant is merely
looking to provide a small, crearive idenrificarion to provide adequate norificarion of the facility.
Therefore, a sign variance is being requested to allow a freestanding sigtr along the &ontage
of County Line Road set forth in Atticle XI, Sectron 78-740 not to exceed a m�imum 20
squate feet.
The proposal meets the requirements set forth in Section 78-65.a.2 of the code of ordinance, as
follows:
1. 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.
•
612 N. Orange Ave. Suite A14•Jupiter, Florida 33458•phone (561)222-9284•fax (561)277-2502
Special conditions and circumstances do e�st which are peculiar to the subject site. The
subject site is an approved school use in the R-1 Zoning district and was approved bp the
Villa.ge Council as a special egception. Typicallp, non-residential uses which are allowed
within residential zoning districts would be allowed a small identification sign. This allows
non-residential uses the opportunity to provide identification of the site.
2. The special conditions and circumstances do not result from the actions of the
applicant.
The variance request is not the result from actions of the applicant. As mentioned above,
Hannah's Home was approved by the Village of Tequesta. Council as a special egceprion to
allow a school use on the subject site. Like most non-residential uses, it is imperative tha.t
Hannah's Home has identification along County Line Road. The Hannah's Home campus
has been designed to be setback from the toadway to provide both privacy and security to
the woman who will be staying at the facilitp.
3. Granting the variance requested will not confer on the applicant any special privilege
that is denied by ttus chapter to other lands, buildings ar structures in the same
zoning distdcti
Granting this variance request will not confer any special pxivileges on the applicant. As an
approved non-residential use in a residential zoning distdct, the code does not differentiate
between these types of uses. Nonresidential uses need signage to identify the location of the
sites, buildings, facilities, etc. All special exception uses which are approved by the Village
Council would require similax variance requests to be made.
4. Literal interpretation of the provisions of this chapter would deprive the app4cant of
rights commonly enjoyed by other properties in the same zoning district under the
terms of this chapter and would work unnecessary and undue hardslup on the
applicant.
Litexal interpreta,tion does deprive the applicant similar rights. The code allows small si�ms
for markering of residential properties and/or projects. However, the code does not allow
approved non-residential uses any identifica.tion signage. Therefore, literal interpreta.tion of
this cha.pter would deprive the applicant of rights commonl� enjoyed by other properties.
5. The variance granted is the minimum variance that will make possible the
reasonable use of the lands, building or strucil�re.
The applicant is proposing a small, unique identification sign that will blend nicely with the
surrounding residential uses. T'he applicant has an existing rock which will be placed on a
concrete base and will he approximately 48" tall. There will be 4" black lettexs which state
"Hannah's Home of South Florida" (see attached detail). This is a very low impact sign and
will be consistent with the use and surrounding uses and this would be the minimum
variance that will make the possible the reasonable use of the facility.
6. The gtant of the variance will be in ha.rmony with the general intent and purpose of
� this chapter and such variance will not injurious to the area involved or othervvise
detrimental to the public welfare.
Again, the applica.nt is proposing a very low impact sign that will be consistent with uses in
the surrounding area. The sign is not a typical monument sign that would be at project
entrances and/or identification signs at nonxesidential uses. It's a very natural looking sign
and will blend in with the proposed landscaping and design of the facility.
Article XI, Section 78-739 of the Village of Tequesta's Code of Ordinance sta.tes: "all freestanding
signs shall be so located on a lot or parcel as to provide a ten-foot minimum setback from a front
yatd property line and from a front patd and comer side yatd property line when the lot or paxcel is
a comer lot ox patcel with direct exposure to two public streets. The minimum required setback shall
be measured £rom the property line to the leading edge of the freestanding sign structure".
County Line Road is considered a Pa1m Beach County Roadway and is located on the Palm Beach
County Thoxoughfare Map. Initiallp, County Line Road was developed as an 80' Right-of-Way and
was built accordingly. Later, Pa1m Beach County redefined theit thoroughfare roadways maps and
change County Line to a 100' ultimate right of wap. Due to the historical development of the
properties along County Line Road and the additional right of wap which has been taken from the
subject site, an addirional ten (10) feet of setback for the sign would not aliow adequa,te visibility
from the roadway. It would pla.ce the sign back some 30 feet from the actually roadway.
Therefore, a sign varrance is beirlg requested to allow a freestaudirlg sign wrth a zem (0)'
� foot &ont setback Irom the right the right of way of Couuty Line Road set forth in Arbicle XI,
Section 78-739.
1. 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 zon�� disttict.
Special conditions and circumstances do exist which a.re peculiar to the subject site. The
subject site is an appxoved school use in the R-1 Zoning distdct and was approved by the
Village Council as a specia.l exception. Historically, properties along County I.ine Road have
been built to an older right of way line which allows a smaller setback from the roadway.
The subject site has been required to give up additional right of way due to the increase in
the ultimate right of way for County Line Road, Therefore, if the applicant is required to
provide an addirional 10' of setback for the sign, there will be no way to see it from the
roadway.
2. The special conditions and ciscumstances do not result from the actions of the
applican�
Additional right af wap which was required by Palm Beach County was not the �esult of the
applicant. In the past, Palm Beach County has xedefined their roadwap systems and xequired
• properties owners ta provide additional properties ftonting toadways for potential future
road improvements. County Line Road is not on Pa1m Beach County's 5-year Roadway
Plans and after speaking with them, there are no plans to widen this xoa.dway link,
. Therefore, requesting this variance to allow a zexo setback would be consistent with the
adjacent properties.
3. Granting the variance requested will not confer on the applicant any special privilege
that is denied by this chapter to other lands, buildings or structures in the same
zolltrig' d.isttic�
Granting this variance request will not confex anp special privileges on the applicant. The.
applicant is requesting the va,riance so that an identification sign will be visible ftom the
roadwap. The subject site is very narrow and currendp is very difficult to find. Any
nonresidential uses on the subject site would require a simila.r xequest to be able to identify
the site.
4. Literal interpretation of the provisions of this chapter would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the
terms of this chapter and would work unnecessary and undue hardslup on the
applicant.
Literal interpretation does deprive the applicant sitnilar rights. As stated above, if the
applicant is required to provide a 10' setback from the front property line, the sign would be
approximately 25'-35' back from the actual roadway. This would not provide an opportunity
for vehicles to identify the site in a timely manner, thereby having to tum around. Adjacent
properties have been built closer to the xoadway and currendy block the visibility of the site.
• 5. The variance granted is the minimum variance that will make possible the
reasonable use of the lands, buildi.ng or structure.
This variance is the minim� request which would make possible the Yeasonable use of the
facility. If the sign is to be pla.ced 10' back from the property line, the sign would not be
visible ftom the roadway. Even at a aero setback it will be difficult to see, however do to the
natural stone sign which is proposed and the location, the applicant feels it will be a valuable
asset to the site.
6. The grant of the variance will be in harmony with the general intent and purpose of
this chapter and such variance will not injurious to the area involved or otherwise
detrimental to the public welfare.
The sign variance approval will be in hatmonp with the general intent of the code. The
proposed sign is a vety low impact, natural style sign. Built on a 12" base, the signs height
will be appraxi.mately 48" tall. 4" black lettexing will be near the base of the stone. Low
lighting will be provided so that the sign is adequatelp lit at night Thexe will be no impact
on the adjacent residents. -
On behalf of the Applicant, H8cL Planning and Development Consultants request approval of the
two (2) variance requests. We look forward to woYking with Staff to bring this application before the
Board of Adjustments, as well as the Village Council fo� final approval as qwickly as possible. We
• are availa.ble to answer any questions Sta.ff might have and/or provide necessary infortnation to
supplement the infoxmation provided in the submittal. Please do not hesitate to contact James
• Hackett of H&L Consultants ox Ramsap Bulkelep should you require additional infomiation.
•
�
ARTICLE XI. - SIGNS http:Ulibrary.municode.com/HTNIIJ13868/level3/PTIICOOR CH7...
Sec. 78-739. - Setbacks.
_ All freestanding signs shall be so located on a lot or parcel as to provide a ten-foot minimum
setback from a front yard property line and from a front yard and comer side yard property line
when the lot or parcel is a corner lot or parcel with direct exposure to two public streets. The
minimum required setback shall be measured from the property line to the leading edge of the
freestanding sign structure.
(Oml. No. 19-08, § 1, 12-11-2008)
Sec. 78-740. - General restrictions; maximum size and number of signs.
The restrictions and maximum size of the signs in areas of the village shall be as follows:
(a) 01� premises signs. Signs shall advertise only the structure or business or land parcel
upon which the sign is erected or affixed. Off-premises signs are prohibited except for
temporary open house directional signs and temporary development signs on remote
parcels per subsections 7�-740(b)(1) and 743(a).
(b) Residential districts. Signs in residential districts, as well as the residential portions of
mixed use districts shall be subject to the following:
(�) In residential districts R-1A, R-1, R-2, R-3 and in residential areas of a mixed
use ("MU") development no more than one sign per lot shall be permitted with
an exposed area of not more than four square feet, and advertising only the
sale, lease or rental of the lot or the improvements thereon. No off-site signs
shall be permitted; except, however, one open house directional sign of not
_ more than two square feet, bcated on the same block as an advertised open
house, is permitted during daylight hours on Saturday and/or Sunday only. Such
sign shall be exempt from any village permitting requirements.
(2) In residential districts R-2 and R-3, one sign shall be allowed attached to the
building or structure thereon, if any, provided that no signs in any case shall be
larger than 20 square feet.
( Identification signs at entrances to driveways and/or parking lots not to exceed
two square feet in size shall be allowed.
( Signs in any residential district which adve�tise the sale, rental, or lease of reat
estate shall be removed no later than three days subsequent to the sale, rental,
or lease. Sale, rental, or lease shall be deemed to be the date upon which a
contract for such sale, rental or lease is fully executed. Such sign shall be
exempt from any village permitting requirements.
(5) Signs in arry R/OP district shall be allowed onty after review by the planning and
zoning advisory board and upon approval by the village council in accordance
with the site plan review process as established in article IX, division 2 of this
chapter.
( Churches or synagogues located in residential districts shall be allowed
signage as follows:
a• Freesfanding sign: One freestanding sign shall be allowed, not to
exceed 30 square feet in total area, with a maximum height of seven
feet above finish grade. The sign shall meet the setback requirement of
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` oF TE VILLAGE OF TEQUESTA
,v P G�,��
9
'' r� , DEPARTMENT OF COMMUNITY DEVELOPMENT
9 �- `� a 345 Tequesta Drive • Tequesta, Florida 33469-0273
f ,-- �
� 3 G o (561) 768-0450 • Fax: (561) 768-0698
� , 4v
� COUN
PUBLIC NOTICE
The Village Council of the Village of Tequesta will conduct a Public Hearing on Thursday, June
14, 2012, at 6:00 p.m. or as soon thereafter as possible, continuing from time to time and pface
to place as the said meeting(s) may be adjourned, in the Viilage Council Chambers located at
345 Tequesta Drive, Tequesta, Florida; the Tequesta Viliage Council will consider and make final
decision on the foilowing request:
CASE # VAR 5-12: Consideration of request for variance from the requirement of Sec. 78-740
to allow a freestanding identification sign, with a zero (0') feet setback, for Hannah's Home of
South Florida, Inc. located at 4390 County Line Road, Tequesta, FL. The property is located in
the R-1 Zoning District. The applicant is Ramsay Bulkeley for Hannah's Home of South Florida,
Inc.
Related documents are available for public inspection and copying in the Village Community
Development Department, Monday through Friday, between the hours of 8:30 a.m. and 5:00
! p.m. All interested parties may submit written or oral comments before or at the public
hearing.
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 wil{ 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.
PUBLI5H: June 3, 2012
POSTED: May 30, 2012
•
P`� �° rf VILLAGE OF TEQUESTA
� - ` �',r
S �'
9
r� DEPARTMENT OF COMMUNITY DEVELOPMENT
,�- � 345 Tequesta Drive • Tequesta, Florida 33469-0273
�3 0 � (561) 768-0450 • Fax: (561) 768-0698
� � - ��
� COUN
May 30, 2012
Mr. Ramsay Bulkeley
612 N. Orange Ave. Suite A14
Jupiter, FL 33458
Subject: Request for Variance
Hannah's Home of South Florida, Inc.
4390 County Line Road, Tequesta
Dear Mr. Bulkeley:
Enclosed is a copy of the Village Council of the Village of Tequesta Notice of Public Heaxing to
be held on Thursday, June 14, 2012, at 6:00 P.M. in the Village Council Chambers located at 345
� Tequesta Drive, Tequesta, Florida, to act upon. your application for variance to the terms of the
Code of Ordinances of the Village of Tequesta..
You and/or your representative must be in attendance at the heaxing to present your application.
Sincerely,
.�� � �
Nilsa Zacaxias, AICP
Dir. of Community Development
Encl.
Cc: James Hackett
H & L Consultants
612 N. Orange Ave. Suite A14
Jupiter, FL 33458
Hannah's Home of So. Fl.
•
G F rE VILLAGE OF TEQUESTA
�P G
v a J`�
� '
" r � , DEPARTMENT OF COMMUNITY DEVELOPMENT
9 r �' � 345 Tequesta Drive • Tequesta, Florida 33469-0273
� a � o
�a `% o (561) 768-0450 • F�: (561) 768-0G98
� ` 4�
F4c COUNt
May 30, 2012
RE: Request for Variance
Dear Property Owner:
As the owner of property located within 300 feet of the above-referenced property, Public Notice Is hereby given that
the Village Council of the Village of Tequesta will conduct a Public Hearing on Thursday, June 14, 2012, at 6:00 p.m. or as
soon thereafter as possible, continuing from time to time and place to place as the said meeting(s) may be adjourned, in
the Village Council Chambers located at 345 Tequesta Drive, Tequesta, Florida; the Tequesta Village Council will consider
and make final decision on the following request:
CASE # VAR 5-12: Consideration of request for variance from the requirement of Sec. 78-740 to allow
a freestanding identification sign, with a zero (0') feet setback, for Hannah's Home of South Florida,
Inc. located at 4390 County Line Road, Tequesta, FL. The property is located in the R-1 Zoning District.
� The applicant is Ramsay Bulkeley for Hannah's Home of South Florida, Inc.
Related documents are available for inspection and copying in the office of the Village Clerk in the Village Hall, Monday
through Friday, from 8:30 a.m. to 5:00 p.m. All interested parties may submit written or oral comments before or at the
public hearing.
If a person decides to appeal any decision made by the Village Council with respect to any matter considered at such
meeting or hearing, that person will need a record of the proceedings, and for such purpose, that person may need to
ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based. The Village of Tequesta does not provide such a record.
Respectfully,
�/�� � r
Nilsa Zacarias, ACIP �
Dir. of Community Development
�