HomeMy WebLinkAboutOrders_Variances_12/10/2012_Richard Black ORDER OF THE VILLAGE OF TEQUESTA
BOARD OF ADJUSTMENT ON
REQUEST FOR VARIANCE
CASE NO.: VAR-10-12
IN RE: Richard Black
PROPERTY LOCATION:
387 Evergreen Ave., Tequesta, Florida 33469
LEGAL DESCRIPTION:
LOT 8, BLOCK 17, JUPITER IN THE PINES, SECTION "B"
PARCEL CONTROL NUMBERS:
60-42-40-25-06-017-0080
VARIANCE REQUESTED:
Relief from Sec. 78-95 to allow enlargement of a non-conforming building; Relief from
Sec. 78-143 to allow a front setback of 24.4 feet where the code requires a minimum of
25 feet.
ORDER APPROVING APPLICATION
This cause came on to be heard upon the above application and the Viliage of Tequesta Board of
Adjustment having considered the evidence presented by the applicant and other interested persons at a
hearing called and properly noticed, and the Board of Adjustment, being otherwise duly advised,
THEREUPON THE VILLAGE OF TEQUESTA BOARD OF ADJUSTMENT FINDS AS
FOLLOWS:
1. The subject property is located in the R-1—Single Family Dwelling District in the
Village of Tequesta.
2. The applicant has submitted all documents required by the Village's Code of 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 December 10, 2012
meeting, and as kept on file by the Village, are made a part hereof and are hereby
incorporated by reference.
4. According to Sections 78-95, 78-143 and 78-61, variance approval by the Village of
Tequesta Board of Adjustment is required.
Page 1
5. The applicant has applied for a variance to allow the construction of additions onto an
existing single-family structure; the applicant has requested relief from Sec. 78-95 to
allow enlargement of a non-conforming building and from Sec. 78-143 to allow a front
setback of 24.4 feet where the code requires a minimum of 25 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. VAR-10-12 with reference to the above described
property witivn the Village of Tequesta, Palm Beach County, Florida, to permit the following:
Construction of additions onto an existing single-family structure in
accordance with the variance applicatioil attached hereto as �xhibit "A"
is hereby APPROVED since the Village of Tequesta Board of Adjustment hereby finds that the
applicant has met the standards set forth in Section 78-65 of the Tequesta Zoning Code for variance
approval. The following conditions of approval shall apply hereto:
� The te�in Applicant(s) as used herein shall include all successors and assigns.
* The applicant's variance approval shall expire in six (6) months unless a building permit has
been obtained in accordance with Sec. 78-68. If the building permit expires or is voided, the
variance approval also expires or becomes void.
DONE AND ORDERED THIS =' i� DAY OF DECEMBER, 2012.
�-� .�.
STEVE PULLON, CHAIR
VILLAGE OF TEQUESTA
� BOARD OF ADJUSTMENT
,
� l..�i:'/�'.�..... � . ��� � =
DEANNA MAYO ;
DEPUTY VILLAGE CLE
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� �
� OF Tf
` � °,�� VILLAGE OF TEQUESTA
� � 9 DEPARTMENT OF COMMUNITY DEVELOPMENT
345 Tequesta Drive
,� Tequesta, FL 33469
�� , �� o �: (561) 768-0450 Fax: (561) 768-0698
co
� APPLICATION FOR i/ARIANCE var. # ��Z--
PROJECT NAME: i r �`�vk
PROJ@CTADDRESS:�'� Cl�tr�.�•�.� �vQ
Applicant Name: '�.i�..1n�,,�� '�\c.�.
Applicant Address: ���'�- �/en.t.�.�n 1�.�,
Appiicant Phone No.: Sfs�— �--�L�Q � Fax fVo.: S� \_ `)"�� o��
Cell Phone No.: SC.n�y�, E-mail Address: �61�.�,�,� �-c.e��"�cr
Provide wrri�ten approva/ from �he property owivrer, if other than fhe applicant. �Y�1i M�'�'�` wMj
Property Owner's IVame: �,Mp "�
Property Owner's Address:
Property Owner's Phone fVo.: Fax No.: E-mail Address:
��ru�� o� v�RiANC�: �Co �A\�� �R����.w, � 1n�,�� w�,
�«1-�,�_ �� S��n �M�.�,�._�,nan> Se.�-- bc.,.�...1F- c� �'- � a�''I. �t � 3-
JIJS'PBFICATIOIV OF VARIANC�: Please address the six (6) criteria of the Zoning Code Sec. 78-65 (2) a.-f. attached
for yaur reference. If your variance request is related to the public waters of the state comprising the Loxahatchee River
and the intracoastal Waterway and all creeks, canals or wat�rways or tributaries c�nnected therewith, located within the
geographical boundaris� of the Village, you must also address the ten criteria listed in the Sec.76-7.
._ .� � c: �-rf A-c. H �
�lOTE: APPLICANT BHALL INCLUDE THE FGLLOWiNG ITEMV Wi7H THIS APPUCATION:
�) Current sealed survey of property showjng aN structures and setbacks.
2) Drawings to acale af proposed improvements.
3) Any other doc�mentation pert6nent ta this application.
4) 15 Copies of �0 submittals
5) A�pli�aiion Fee ofi �!; S�►�gfe Family: $ 3C�:OC
B) Dt�piex: 500.00
C) Multipie Family: 750.00
D) Commerciai: 1000.00
*To cover ail additianal administrative costs, actua! or anticipated, including, but not limited to, engineering fees,
consultant fees and special studies, the applicant shall compensate the Village for all such costs prior to the processing
of the application or not later than thirty (30) days after 'nal application ap r �, whichever is determined as appropriate
by the Village.
�
IGNATURE OF APPLICAIVT: DATE: � � �� � �Z-
B
,E
� i,
Sec. 78-65. - Powers and duties of board of adjustment and village councii; public notice.
(a) The board of adjustment and the viilage council shall have the following powers in regard to appeals and variances within their jurisdiction as
defined under section 78-61
(1) Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determinati�n made by an administrative
o�cial in the enforcement of this chapter or of any ordinance adopted pursuant thereto.
(2) 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 shali be fimited by and contingent upon a finding by the board or council that:
_...r—.
a. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to
other lands, sfructures or buildings in the same zoning district.
b. The special conditions and circumstances do not result from the actions of the appiicant.
c. Granting the variance requested will not confer on the applicant any speci�l privilege that is denied by this chapter to other lands,
�uildings or structures in the same zoning district.
d. Literal interpretatlon 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 wili 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 detrlmenta! fo the public weifare.
(b) in granting any variance, the board of adjustment or village council may prescribe appropriate conditions and safeguards in confortnity with this
chapter anr! any ather erdinance enacted by the village council. Violation of such conditions and saf:guards, when made a part of the fertns
under which fhe variance {s granted, shall b� deemed a violation of this chapter.
(c) In rEViewing n�atters �ruught bsfare it pursuartt to ths �rovisions of this article, neither the buard of adjuatrnent nor the village council shall exercise
authority or juris�iction over matters which are specifically reserved t� other officers, boards or agencie� of the village. Where site plan review is
necessitated purs�iant to the provisions of this chapter, no decision of the board of adjustment or the village councii with respect to a variance, or
ather matter, pe�aining io the praperty in �esstians �half obvsate the �ece�5ity for such site piar� reviea�. Viihere a requested buil�ing �ernit has
been withheld by the buildir+g official for want of compliance with applicable laws anri ordinances aeyond the juri�ciiction o� the baard of
ad�us:ment nr tha viNage couicil, zo buiiding permit shal! ba i�ued regarc+less of any dacision of the bcard or v911�ga councii until the
reyuirements of sucn laws and ordinances ��nve been met.
;d) Under no circumstances shall the board of adjustment or the viliage councii g�ant a variance to permit a use not generally or by special exception
permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of this chapter in the zoning districf. No
nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures or buildings
in other zoning districts shall be considered grounds for the authorization of a variance.
e) Notice of public hearing of the board of adjustment shall be advertised a minimum of ten days in advance of the public hearing in a newspaper of
general circulation in the area.
-;
; i �.; ;1;; , , ,- ;.7-_'?; • 1
November 7, 2012
Richard Black
387 Evergreeen Ave
Tequesta, FI 33477
A. The home was built back in 1973. The setback of the home was incorrect when the home was built.
It was built at 24.4ft; it should have been built at 25ft. The survey attached shows that.
B. These setback conditions do not result from the notion of the applicant, and has been existing since
the home was built.
C. Being granted the variance will not give any special privileges to this property, it is being used as it
was originally zoned for.
D. This variance needs to be approved and if not so, the applicant will be put under unnecessary and
undue problems. This is a surveying problem, not something the applicant has any control over.
E. The variance we are asking for is for a minor addition to the property. It meets all required setbacks,
it is the original construction that requires the variance,
F. The granting of this variance is in harmony with the original building, planning, and zoning of this
property.
Thank you for taking time to ew this var.i request
Richard Black
I;c!
L EGA L DESCR l P T/ ON: 3 �� ,
��'" >n�5.00' 25 00'
1) UTILiTIES SHOWN HEREON ARE VISIBLE AHOVE GRQUND FEATURES. �`�"
� ADDITIONAL SUB-SURFACE UTILfTIES OR STRUGTURES MAY EXIST.
2) PROPERTY CONTAINS 10587 �QUARE FEET OFl 0.243 ACRES, � � FOUND 5/8" IRON ROD � ,�
MORE OR LESS. N 6•�
� � �
3) NO TITL� POLICY ON COMMITMEN7 AFFECTING TITLE OR BOIJNDARY T� � -� 'I-�
THE SUBJECT PROPERTY HAS BEEN PROVIDED. DEEDS AND EASEMENTS, � i� U7ILITY EA�EMENT � O � pLA f•`
RECQRDED OR UNRECORDEG, WHICH COULD AFrECT THIS HOUNDARY�SURVEY � •� �� O• , �
MAY EX I ST. FOl1ND 5/S" I RON ROD ` �] . 77� M � A � • I'�
4) NO RESf�ON518 I L I TY I S ASSUMED BY TH i S SIJRVEY FOR 1"HE �� 0. 13 5, Q. 07 E � O �n � ��G � �
C�O���TR�E�FON QF I MPROVEMENT5, FROM BU i LD I NG 7 I ES � J / � � �S ` ��, 4 �� D � , c'� I�
� �` C;ONI,. DR i V� �
5� ADDRESS: 387 EVERGREEN AV�NUE, TEQUESTA, FL 33469 � ��.---- �a �
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HEREON WAS MADE UNDER MY SUPERV I S I ON AND THAT THE SuRVEY MEETS THE NpFiT� � � �R � V cHS CHORD BEARIN6
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OCTOBER 22. 2012 ___ (� __, � �____ ( INTER-OFFICE t15E ONLY
DATE OF FIELD SURVEY W. D�11L�Y
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PART II - CODE OF ORDINANCES
Chapter 78 - ZONING
ARTICLE IV. - NONCONFORMING USES
��E2"9 l�;I.�i [V'. RIE)Nd:(9NF(DRM[R1G [1�ES
Sec. 78-91. - Continuation qenerailLr.
Sec. 78-92. - Restoration of unsafe structures or buildinqs.
Sec. 78-93. - Previouslv approved construction.
Sec. 78-94. - Maintenance or alteration of nonconforming buildincl
Sec. 78-95. - Extension of nonconforming buildinca or use.
Sec. 78-96. - Discontinuance of nonconforming use of land.
Sec. 78-97. - Abandonment of nonconforminq use or building
Sec. 78-98. - Reconstruction of building destroyed by fire or other casualty.
Sec. 78-99. - Replacement of swimminp pool enclosures.
Secs. 78-100-78-120. - Reserved.
Sec. 78-91. - Continuation generally.
The lawful use of any building, structure or land existing at the time of the adoption of the ordinance from which
this chapfer is derived may be continued alth�ugh such use does not conform to the provisions thereof; provided,
however, the conditions in this article are met.
�Code 1977. app A, � )UV(A))
Cross reference— Buildings and building regulations, ch. 14.
Sec. 78-92. - Restoration of unsafe structures or buildings.
Any structure or building or portion thereof declared unsafe may be restored to a safe cordition.
<< ;��l� ia�� hi�p ,A, � ,�i��(��)(�j�
�e�. 78-93. - Previously approved cortstr�ar,tion.
Nothing in ;his chapt�r shall re�uire any change ir plans, constr;�c:ion or �esigna:�� use of a building or
sYructure ror which a building permit has been issued and the construction oi which shall have been diiigently carried
on within six months of the date of sacn permit.
�_Ga�� i97 % zp, A, <� ;�f�!{�:i�2})
Sec. 78-�4. - Mair:�enance ar alteration of nonconforming b:�ilding.
A nonconforming building may be maintained and repairs and alterations may be maae, except tnat in a building
which is nonconforming a� to use regula*ions, no st��.ictural alterations sha�l be made except thosp required by law
inciuding eminent dor��ai� proceedings. �epairs such as r�umbing or changing of �,artiti�ns or other ir3terior
alterations are permitted.
"'ore z9?7 �p� ^; � ><iV(A,••(:;i)
Sec. 78-95. - Extension of nonconforming building or use.
Buildings or structures or uses of land which are nonconforming shall not be exten�ed or enlarged.
;;Code ?977 app A. � 1:lV(/�)(4})
Tequesta, Florida, Code of Ordinances Page 1
Sec. 7&143. Schedule of ,site requirements. . ��
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The following sch::dul� �t�.ulishes the minimum P�A�Y and building regulations for development withi.n the village: �
SCE�EDULE OF SITE RE(a�NTS
Mi�cinxum Setbacks
Minimum
MininuunLot Min€tnum.Lot li�aximuin Maximum Ldving Area Minimum
District Size `Q' Building Require- Landscaped
Lot Covercege Frnnt Yard Side Yard Rear Yard Height �
Z�lA � SPace
12,000 sg. ft_ if10 fi:. 37�/0 2b ft, ld ft, formain 20 &. formain 2 etprieal30ft. 1,600 sg ft. 30%
�u't� and buiZding or main bw�dmg
accessorY structure or strueEure
b ";l�i;ne
io tt. �r � i �n5 ft.
20 ft. for any accessory for any acxzs_
cwrner lot� bnilding' or sory birilding
n structure or struct�ue y�
� R-1 $,000 sq. it. 75 ft. �Y?�Xo 25 ft. 7'/z ft. for 20 ft. formain 2 etories/30 it. 1200 ft. 3096 tsJ
� � ��
� g►� buildiag or mainbuild'mg �
�� structnre or structnre a
O
i0 ft, for any 1 story/!5 ft. �
20 ft. for any aceessory for any acxes-
t�ter lot building or sory btul�ng
at�ructure or struct�e
r...� �
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' NOTICE OF PUBLIC HEARING
BOARD OF ADJUSTMENT
MONDAY, DECEMBER 10, 2012
6:00 PM
The Board of Adjustment of the Village of Tequesta will conduct a Public Hearing in the Village
Hall Council Chambers located at 345 Tequesta Drive, Tequesta, Florida on December 10, 2012,
at 6:00 p.m., or as soon thereafter as possible and continuing from time to time and place to
place as necessary to consider and make a final determination upon the following application:
VAR 10-12 Request for variance in order to construct additions onto an existing
single-family structure: Relief from Sec. 78-95 to allow enlargement of a
non-conforming building; Relief from Sec. 78-143 to aIIQw a front setback of 24.4 feet
where the code requires a minimum of 25 feet. The applicant is Richard Black. The
address of the property is 387 Evergreen Ave., Tequesta, Florida, 33469. The legal
description is Lot 8, Block 17, Jupiter in the Pines, Section "B". The property is located
in Zoning District R-1.
The application for variance and all related documents are available for public examination and
copying in the Village Cornm�unity Devefopment Office, Monday through Friday, bptween the
hours of 8:30 a.rri. and 5:00 p.m. The Public Hearing may be continuec: from time to time, as
necessary. All interested persons are encouraged to come to the Public Hearing and be heard.
PLEA5E TAKE NOTIC� AlVQ B� ADVISEb, that if a person decicles to appeai any ciecision made
with resp�ct to any matter c�nsielered at this hearing, he or she w�ll nPed to ersure �hat a
verbatirrz r�cord of the �aroce�clings is rr�acle, which record includes the t�stimony a�ad evidence
upon wh�ich the appeal is based. The 1�'illage of'I'equesta does not provide such a record.
, I
November 27, 2012
Richard Black
387 Evergreen Ave.
Tequesta, FL 33469
Subject: Request for Variance
Dear Mr. Black:
Enclosed is a copy of the Notice of Board of Adjustment Public Hearing to be held on Monday,
December 10, 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 VilIage of Tequesta. Receipt of Check # 470 for $300.00 for the application is hereby
acknowledged.
Also enclosed is a copy of Code of Ordinance, Article III, Appeals and Variances, Board of
Adjustment, which outlines the manner in which the Board of Adjustment must consider your
application.
You and/or your representative must be in attendance at the hearing to prpsent your application.
Sincerely,
FOR THE BOA�tD OF ADJUS�TMENT
�iK��
j nne Ni. Rurr�s�ed
A t. Director of Community Development
nc�:
s , I
i
November 27, 2012
Dear Property Owner:
RE: 387 Evergreen Avenue, Tequesta FL
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, December 10, 2012, at 6:00 P.M., in the Village Hall Council
Chambers, 345 Tequesta Drive, Tequesta, Florida, to consider:
VAR 10�12 Request for variance in order to construct �dditions onto an existing single-
family structure: Relief from Sec. 78-95 to allow enlargement of a non-conforming
building; Relief from Sec. 78-143 to allow a front setback of 24.4 feet where the code
requires a min9mum of 25 feet. The applicant is Richard Black. The address of the
property is 387 Evergreen Ave., Tequesta, Florida, 33469. The legal description is Lot 8,
Block 17, Jupiter in tl�e Pines, Section "B". The property is located in Zoning District R-1.
At such time and place, the Board of Adj�.�stment will hear all the evidence in su�port of or
in opposition to this application. You are advised that if any person deciaes to appeal any
decision made by the �oard of Adjustment with �e�pect to any matter ��anside: ed at the
Meeting, hAfshe ti�ill r�ed a record of the pro�eectings, ar.�i for :;��ch �urpose, h�/sh� may
need to ensure that a verbatim : ecord of the proceeding is made, which reco: � inciudes the
t�stimor_y �.�pon �vhich the appeal is to be based.
VILLAGE OF TEQUESI'A
�OR: T�iE �OARD OF �Djt1STMENT
Joanne M. Burnsed
Asst. Director of Community Development