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October 15, 1993
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l�r. 1'bomas G. Bradford
Villags Isanagsr
Vf llaqe ot T�qttesta
Post Cftia $ox 3a73
Te�questa, �lorida 33469
1tE: villsqe of T�qu.sta
Request tar ]!�►cndments to R-i7� Zoninq District
our File Na. 13153.1
Dear Tom:
Thie is in sesposise to your letter o! September Z1� 1999� regarding
the aboa� setsrenced mattere .
1►s to yotir itea i, vherefn you r�gu�st tbat tho Zoning Ordinance b�
amanded so that grass and veeda in excess of eiqht inchea wou�id be
prohibited, I�vuld Aote that thia regulation is not containeci
�rithia the BoAinq Coda, but is contain�d vitbin Seation 10-18 ot
the Code relst3nq to �tnlawful growth. Therefore, the appropriate
� amenament vouia be to sectio� 10-�S to provide tLat �latttul qr�th
sha�ll be described as qrowth in excess ot eiqht inches rather than
t�elve i�cbes. I previausly discussed with 7ou tbe enforcement
problem� ralating to eucA amend�aent, at�d I would reca�aend tbat
serious consideration be given to this mattez as eight inches may
etill be an entorcement proHle�.
lLS to ite�et Z iti yowr letter, you indicate that there is a reque�t
tbat the R �inq Distriot coatain a spacific pravision reiating
to the garkinq o= recreationai vehicies �tbiCh is more strict thAn
'� the villags vide �tandard. Althvu ]t. bava not prepared an
ordinance in that reqard, i would pa At out that thio am�anQ�eAt
�rauld be tv tbe Zoning Cvde at �secti n x, Paraqraj�h L, and xva2d
provide that the regulations in the R,3.n zoninq District voaid bs
avr� striat than t2�os� alrsady £n place, i.s., qsnarally in
,, .. ."- �., .. �..
rit�. Tbomas Q. Bradford . .
FebriiatYy 1, 1993
Pegs 2 _
�GCOrdancsa v3th the terms of the August �� 1993 � letter lro�s ltr. �
S3iarplsss .
The linal request rels�inq to giviny notice of q�raqe sales can be
� amended at �rtiale X(D� sv $s to provido seven days vrftteri potice
to adjacent property a�mers ar� the appiicable homeovnor��
a�sociation.
Once you or the Couna3l have decfded how you �ri�h to proaeeQ iu
this.�tter, please adviss and I t�►ill prepare the appropriate
ordiaartcea.
Bi.acere .
. itandolph
. Jt�tJssa
Er�olasure
JONEi. �OSTER. JONN9TON b dT�/898, r.A.
. VILLAGE OF TEQUESTA
: � , .
Post Officc Box 3273 • 357 Tcqucsta Dnvc
� � TCyUCSI.'1 Flonda 33469-0273 • (�07) 575-6200
. ' `�� � Fax:(407)575-b203
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September 21, 1993 �
John C. Randolph, Esq.
Jones, Foster, Johnston & Stubbs, P.A.
P.O. Box 3475
West Palm Beach, Florida 33402-3475
RE: Request for Amendments to R-lA Zoning District
Dear Skip: .
This is in response to your letter of August 16, 1993, reqarding
the above referenced subject. The applicable homeowner association
has reviewed your letter of August 16, 1993, and reviewed their .
response with me.
The responses appearing below are in the order in which they �
appeared in the August 3rd letter from Mr. Sharpless and yours of
August 16.
1. It is agreed that your point is valid, that being that a 6"
� limit to the height of qrass and weeds is unreasonable.
�� Therefore, it is requested that this parti�ular Section of the
-�� Zoning Ordinance be amended so that grass and weeds in excess
of 8" would be prohibited. Additionally, it is requested that
�,- ,;e this provision be extended Village-wide to all residential
$'`�' zoning districts.
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2. It is felt that the R-lA Zoning �stri�tis sufficiently .��.�
distinguished from the er residential zoning districts of ��_
the Village to justi-fy additional regulations directed to the ��
parking of recreational vehicles. The distinctions between
the R-lA Zoning District and the other residential zoninq a �"''��-
districts are as follows : ��'"'" �"'� G��
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a) Virtually every =esidence has,�a� s� inimum� a two-car
qarage. /��
���� b) The minimum lot size (12,000 sq. ft. ) is 50$ greater than
'���r�""'' the R-1 Zoning District, the other sinqle-family zoninq
district. This additional minimum lot size allows a
���,�,3��� property owner additional space in order to accommodate
�� ���� regulated vehicles in an acceptable manner. � The
wa " prevalence of two-car garages is also a manifestation of
���/� the availability of lot size devoted to the s,ightly
� --""`�" storaqe of vehicles .
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c) The minimum sideyard setback in the R-lA District is 10'
versus 7.5'. Thus, 33$ more land area is typically
available for the sideyard accommodation of regulated
vehicles.
d) As stated in the Zoninq Ordinance, the purpose of the R-
lA District is " . to provide areas within which the
traditional single-family residence can thrive and be
protected from the more intense activities of other land
uses." Since the other zoninq districts of the Village
allow for the regulated parking of recreational vehicles
and the residents of the R-lA Zoning District are seeking
additional requlation of such recreational vehicles, such
regulations would be in keeping with the purpose of the
district to protect these single-family residences from
the more intense activities of other land uses, such as '
more liberal regulations pertaining to the parking of
recreational vehicles. �
3. The homeowner association acknowledges the validity of your
�___� statement that the Villaqe should not delegate its authority.
����� Accordingly, it is their desire �that the requlations
pertaining to garage sales and permits relative to the same be
�'-�'-�-� � amended so as to provide • either 7 days, or 5 business days,
��^-�-����,�,w�.,written notice to adjacent property owners and, if a homeowner
�,,� _� association exists, the same written notification to that .
�� �„�� organization as to the issuance of a�garage sale permit. �
-'�`�1� The homeowner association has removed their request for an
�,�,,,,� amendment pertaining to allowable "For Sale" signs within the
���, �✓ R-lA District. '
�'� Should you feel that this adequately addresses your concerns, it is
�����requested that you proceed with drafting an amendment to the Zoning
. Ordinance that will accomplish the requests of the subdivisions
Z��- within the R=1A Zoning District. Should you feel that obstacles
e�� remain in the provision of sustainable amendments to the It-lA
(� Zoning District, please contact me to discuss the same.
Sincerely, •
/
Thomas��adford
Village Manager
TGB/krb
c: Village Council
Scott D. Ladd, Building Official
William M. Sharpless, Esq.
' JONE�S, FOSTER, JOHNSTON & STUBBS, P. A.
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August 16, 1993
Mr. Thomas G. Bradford �
Village Manaqer
Villaqe of Tequesta
Post Office Box 3273
Tequesta,� Florida 33469
RE: Villaqe of Tequesta/Zoninq Ordinance
Request for Amendments to R-1A Zoninq District
Our File No. 13153.1
Dear Tom:
This is in response to your letter of August 6, 1993,
reqardinq the above referenced subject. You have asked that I
offer comments regardinq .the feasibility and leqality ot
accommodatinq certain requests that have been made on behalf of
certain homeowners� ass�ciations relatinq to chanqes in the R-1A
Zoninq District.
I will address these requests in the order in which they
appear in the August 3rd letter from Mr. Sharpless.
1. The first request is that there be a regulation that
would prohibit grass and weeds from exce�ding ��aximum height of
six inches. The current prohibition within the Villaqe ia twelve
inches. • .
�'rom a legal standpoint, I believe it is possible to sustain
an ordinance which provides for a uniform and reasonable
requlation. If this regulation relatinq to the six inch heiqht
were to be applied only within the R-lA Zoninq District, I lielieve
the Village would have to be prepared �to show a reason for the
differentiation between the R-1A Zoninq District and other zoninq
districts within the Villaqe. Uniformity is desirable when it
relates to regulations such as the one under discuasion.
Obviously, different zoninq districta can be treated in different
ways. For example, it may be reasonable not to include auch a
prohibition within an industrial or a commercial district, but it
Mr. Thomas G. Bradford
February 1, 1993
Paqe 2
may be reasonable to have such a=equlation within residential
districts. In my opinion, however, unless you can ahow some reason
for not havinq uniformity in reqard to this matter throuqhout the
residential districts, the Village ma� have difticulty in
sustaininq a distinction between one district and the other.
Althouqh I have not conducted a recent review of requlations
of this sort in other municipalities, my past reviews have
indicated that six inches would be highly restrictive. Durinq
vacation periods it is not difficult to perceive several lawns
within the residential districts obtaininq a heiqht o! six inches.
You have also asked me to comment on the feasibility o! this
proposal. In my opinion it would be very difficult to enforce this
provision. Perhaps further comments from your buildinq oflicial
and code enforcement officer would be help�ul in this reqard. I
believe a uniform provision which contains a maximum prohibition ot
twelve, ten or even eiqht inches should not provide a prohlea for
enforcement, but once you get down to a heiqht of six inches, I
believe the code enforcement officer will have his hands full with
complaints. �
2. The second request relates to requlationa on the parkinq
of recreational vehicles. T'he villaqe currently has in effect an
ordinance regulatinq the parkinq of recreational vehicles. The
suggested regulations do qo further than the requlations currently
in effect. ,
Aqain, as suqgested above, uniformity is desirable in reqard
to the imposition of auch requlations. In the event there is qoinq
to be a distinction between one zoninq di8trict, particularly
between one residential zoninq district and another, then thers
should be reasona �or the distinction. In the event there are not
valid reasona for the distinction, then there i� still merit in
lookinq at further regulations in the event they are deemed
reasonable and appropriate in all residential districts.
The current regulation requires that equipment be ecreened on
three sides aqainst direct view from abuttinq properties. The
proposed requlation requires screeninq in�a manner so that the
vehicle is not visible from�any road�ray, waterway or golf course.
I�would imaqine that the Villaqe would want to continue to require
screening from abuttinq properties. At any rate, this is a matter
which, in the event there is a need, could be incorporated within
an ordinance. �
JONES. FOSTER, JOHN.8TON d� STUBBS. P.A.
Mr. Thomas G. Bradford
February 1, 1993
Pags 3
3. The third suqqeation is that permits to all qaraqe sales
or taq sales not be issued by the Villaqe unless the applicable
homeowners' association indicates its approval of the proposed
sale.
The Village should not delegate its authority. It either has
a regulation, or it does not, but it should not rely upon approval
from others as to whether or not it imposes requlations. Uniform
and reasonable regulations, fmposed by the Villaqe, relatinq to
. qaraqe sales can, however, be sustained.
4. The fourth and final sugqestion is that signs relatinq to
the sale of properties conform to regulations enclosed within the
letter. Again, the Villaqe ordinances ahould not be dependent upon
the regulations of a homeowners' association. Bowever, in the
event the Vi�.laqe wishes to adopt uniform requlations similar to
those applied by the homeown�r's associations it can do so. Aqain,
these regulations must be reasonable and uniform. In reviewinq the
requlations which were forwarded by the homeowners' associations,
it appears that many would be considered reasonable. Some may not.
For example, I am not sure what the Village's need for a siqn in
the shape of a shield would be. I would think this would cause a
problem with certain realtors who are in the practice of
advertisinq with aquare or rectangular siqns.�
I�hope these comments are of assistance. If you have any comments
� or questions, please do not hesitate to contact me. �
Sincer
hn . Randolph
JcR/ssm
JONE8. F08TER, JOMNSTON 8 STUBB8, P.A.
. -' . VILLAGE OF TEQUESTA
' �-�, � Post Officc Box 3273 • 357 Tcqucsta Onvc
wS � � Tcyucsta, Florida 33469-0273 •(407) 575-6200
; � � Fax: (407) 575-6203
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August 6, 1993
John C. Randolph, Esq:
Jones, Foster, Johnston & Stubbs, PA
P.O. Box 3475
West Palm Beach, Florida 33402-3475
RE: Tequesta Zoninq Ordinance; Request for Amendments to R-lA
Zoning District
Dear Skip: "
Attached hereto, please find correspondence dated August 3, 1993,
from William M. Sharpless requestinq four (4) changes to the R-lA
Zoning District on behalf of the Tequesta Country Club Community
Association, Bayview Terrace, Bay Harbor and Shady Lane. These
subdivisions represent virtually 99$ of the R-lA Zoning District.
Please review this request and offer your comments regarding the
feasibility and legality of accommodating the same. After
receiving your comments, I will take the matter to the Finance and
Administration Committee of the Village Council for their
consideration and recommendation.
Should you have any questions in regard to this matter, please
contact me at your convenience.
Sincerely,
/ �`'� '�
Thomas G. Bradford
Village Manager �
TGB/krb
Attachment �
c: Village Council, w/attachment
Scott D. Ladd, Building Official, w/attachment
William M. Sharpless, Esq.
K�•cvcled P:n,�r
� � �
� � �`�1
JECK HARRIS JONES & KALIFMAN 8 �,� Y�
Attorneys and Counse.lors at Law .9 p CF
PFIILIPPE C. JECK p
SU�TE 400. REYNOIOS PLAZA � `O � �
AUOREY MARIi15 � w
IOfjl EAST INDIANTOWN ROAD J
(�OFFRE1f L. JONES �C/ /
�, JUPITER, FLORIDA 33477 O � / '� _ �(�� 99 �.�
JILL E. KAU�Mµ v�c' .�
(407) 746'1002 F ��;�j� ,
V
(407) 283-SOOa (MARTIN COUNT`n �'
TEIECOP1ER:f407)747-4�i3 ./(, .t' \�
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Auqust 3, 1993
Mr. Thomas Bradford, Villaqe Manager
Village of Tequesta
357 Tequesta Drive
Tequesta, FL 33469 �
RE: Request for amendment of R1-A Zone:
Dear Tom:
On behalf of the Tequesta Country Club Community
Assoaiation, Inc., board of directors, I am �ritinq to request
that the Village amend the Zoning Ordinance to accomplish the
following changes to the Ri-A zone:
i. Provide that qrass and weeds do not exceed a maximum
heiqht of six inches (Villaqe-wide ordinance permits maximum
height of 12 inchesj. .
2. Prohibit the parkinq of trucks, tractors, trailers,
buses, mobile homes, campers, motor homes, motor cycles,
boats and any other commercial vehicles on any lot or right-
of-way, unless adequately screened or fenced on at least
three sides so as not to be visible from any roadway,
waterway or qolf course. The usual exceptions for temporary
construction vehicles, routine delivery vehicles, trucks of
persons providinq a service to the homeowner durinq business
hours or emerqency service, and disabled vehicles for up to
24. hours shall apply. Furthermore, motor or mobile homes
may be parked on a lot for up to 24 hours while the owner or
driver visits the home of the lot o�ner.
"Trucksn shall mean trucks of any size., both commercial�and
non-commercial, and shall include panel trucks, pickup
trucks and other trucks, but shall not include passenqer
vans or panel vans with side passenger windows and rear
passenger seats, or 4 wheel-drive vehicles, such as Ford
Explorer, Bronco and similar vehicles. In all other
respects the vehicle classifications of the Florida Motor
Vehicle Commission shall control.
� JECK HARRIS JONES & KAiIFMAN �
Mr. Thomas Bradford, Villaqe Manaqer
July 30, 1993
Page Two
Any vehicle with commercial lettering on its side is deemed
� to be a commercial vehicle; unless the lettering is on a
removable sign which is removed when the vehicle is parked.
3. Provide that permits to hold garage or taq sales not be
issued by the Village ur�less the applicable homeowners'
association, if any, indicates its approval of the proposed
sale.
4. Provide that siqns relating to the sale of properties
� within the zone conform to the requlations enclosed with
this letter.
Gary Collins spoke with the Presidents of the Bay View
Terrace (Bob Landgraff 575-7340), Bay Harbor �Richard Nieblinq
575-6401) and Shady Lane (Nancy Stephens 746-4480) home owners' �
associations who confirmed that their associations have also
approved these proposed amendments and join in this request.
Our association (and the othersj intend to continue to
enforce our covenants with the same vigor as in the past. These
• ordinance amendments should add very little to the Villaqe
enforcement effort. . "
Please let me know what, if anythinq, I or other TCCCA
board members can do to help with this project.
Thanks for your help.
Sin erely,
i�Tilliam M. Sharpless
WMS/deb
Enclosure
.
REAL PROPERTY "FOR SALE" REGULATIONS � .
.
Recognizing that every home in the Community changes ownership at some time and �thaL
an owner may be absent during the time the home is offered for sale, the following rules
governing signs placed on real property for the sale in the Tequesta Country Club
Community shall apply effective November 15, 1992. .
. . _ ---�
1.) Owners offering for sale a home not listed with a Real Estate Broker may display
. one "For Sale" sign not to exceed 16" in width or 14" in height, constructed of
wood, metal or masonite. A sign in'the shape of a shield, with a white background
�� Z and black letters is required. Signs will not be permitted on the golf course or
. waterfront.
2. a) When a home is listed for sale with a Real Estate Broker, and to accommodate
n
Section �#475 of the Florida Real Estate Law, one "For Sale" sign of the same
. dimensions, construction, shape and lettering described in paragaph l above is
peTmitted and may include a Real Estat� Broker's name and telephone number in
accordance with the drawing on page 2. Signs will not be permitted on the golf �
course or waterfron�
v b) No extraneous signs such as agent's name, pool, waterfront, riders, brochure
holders, etc. shall be permitted.
The owner shall be responsible for the Real Estate Broker's adherence to the
regulations set forth in this modificaEion, and shall permit a sign to be displayed
only when it is absoiutely necessary to the sale of the property. .
��r 3. a) All signs must be� �i_s�layed not less than I S' from the edge of the road and the top
of the sign and/post or stake to which it is a�xed shall be not mor� than 27"
above the eround.
� b) One double faced sign may be placed perpendicular to the street, in lieu of a
parallel sign.
�"� 4) Building Contractors' signs may not exceed 6 square feet in ana with no
limitation on type of material or colors used and may be placed anywhere on the
property. Building Contractors' signs shall not be erected until a bu�ding perntit
has been issued by the Village of Tequesta, and shall be removed within 30 days
of completion of the home, or at the time the owner assumes occupancy, �
whichever Rrst occurs. A Raal Estate Brok�r's name and phone number, of the
same dimensions specified in the drawing referenced in paragraph 2 above (shield
sign), may be placed on the property at tha same time.
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'� 5. a) Open House" signs are to be permitted if the following conditions are met:
1. Only one sign located in front of the prvperty.
2. Not displayed for more than five consecutive hours any one day.
3. No "Open House" sign after 5:00 P.M. � •
4. All other conditions specified in this sign regulation are met. '�
S. Maximum sizes of sign to be 2' x 3' (no flags).
� b. All properties are�ntitled to one sign only located on the street side.
� 6.) The use of a small, tem markin fla
po�ry g g(approved by the Board of Real
Estate) is permitted for Realtor caravan tours. F}ags are to be removed
immediately after caravan hours•end.
`� 7.) No use of a"Sold" sign is permitted.
8. The purpose af the letter is to assist the homeowner and the Real Estate Brokers in
the sale of real property in the Tequesta Counby Club Community while
p erving the aesthetic quality of the Community.
, `�is 14'x16"s��i'iefd
sren on a u�te
. 6ac�roun�f un'tk
d�ac�Cl�cter� arrd
inutatian�old 6order
f.s tlie aaepted �a(
� EstateSign.
� �uesta C'ountry
Comuraucr�
Association