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HomeMy WebLinkAboutOrders_Special Exceptions_11/08/2012_Topper Fitness ORDER OF THE VILLAGE COUNCIL VILLAGE OF TEQUESTA REQUEST FOR SPECIAL EXCEPTION CASE NO.: SE -02 -12 IN RE: Topper Fitness — Applicant FILED: Village �� ofeuesta SLO -ML, LLC - Owner Date: _ _Z' Tcl PROPERTY LOCATION: Time: 130 N. U.S. Highway #l, Tequesta, FL 33469 LEGAL DESCRIPTION: 30- 40 -43, SLY 718.76 FT OF NLY1118.76 FT OF ELY 254.83 FT OF GOV LT 3 LYG W OF & ADJ TO US HWY 1 PARCEL CONTROL NUMBER: 60- 43- 40- 30 -00- 003 -0070 SPECIAL EXCEPTION REQUESTED: Personal Services (fitness club) use in excess of 3,500 s.f. in the MU Mixed Use Zoning District in accordance with Sec. 78 -180 of the Village Code of Ordinances. ORDER APPROVING APPLICATION This cause came on to be heard upon the above application and the Tequesta Village Council having considered the evidence presented by the applicant and other interested persons at a hearing called and properly noticed, and the Tequesta Village Council, being otherwise duly advised, THEREUPON, THE TEQUESTA VILLAGE COUNCIL FINDS AS FOLLOWS: 1. The subject property is located in the MU Mixed Use Zoning District in the Village of Tequesta. 2. The applicant has submitted all documents required by the Village's Code of Ordinances for special exception review. 3. The application, the staff report and all other supporting documentation and presentation materials as reviewed by the Village Council at its November 8, 2012 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 -180 of the Village Code of Ordinances, personal services use in excess of 3,500 s.f. is permitted as a special exception in the MU Mixed Use Zoning District upon approval by the Village Council. Page 1 5. The applicant has applied for a special exception to allow personal services (fitness club) use in excess of 3,500 s.f. on the subject property. 6. Under the provisions of the Village Code of Ordinances, the Village Council has the right, power and authority to act upon the request herein made. IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS: The application for Special Exception, Case No. SE -02 -12 with reference to the above described property within the Village of Tequesta, Palm Beach County, Florida, to permit the following: personal services (fitness club) use in excess of 3,500 s.f., in accordance with the special exception application attached hereto as Exhibit "A" is hereby APPROVED since the Village Council hereby finds that the applicant has met the standards set forth in Sections 78 -362 and 78 -363 of the Tequesta Zoning Code for personal services use in excess of 3,500 s.f. special exception approval. * The term applicant(s) as used herein shall include all successors and assigns. * The applicant's special exception approval shall expire in twelve (12) months unless a building permit has been obtained, preliminary site plan or plat approval has occurred, or other significant action to satisfy the requirements of this approval have occurred in accordance with Sec. 78 -367. DONE AND ORDERED THIS �' DAY OF NOVEMBER, 2012. r MAYOR TOM IYATERNO, VILLAGE OF TEQUESTA `,P E .., n o °' F' LORI McWILLIAMS, MMC� C 9-{QG & C/) U '= VILLAGE CLERK Page 2