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VILLAGE CLERK'S OFFICE
AGENDA ITEM ROUTING SHEET i.
Meeting Date: Meeting Type: Regular Ordinance #: g_15
05-14-2015 Consent Agenda: No Resolution #:
Originating Department: Clerk
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ORDINANCE 08-15, FIRST READING AMENDING CHAPTER 76. WATERWAY CONTROL. BY AMENDING
SECTION 76-7. VARIANCES. BY REMOVING ALL REFERENCE TO THE BOARD OF ADJUSTMENT AND
SUBSTITUTING IN ITS PLACE THE PLANNING AND ZONING BOARD; PROVIDING THAT EACH AND
EVERY OTHER PROVISION OF CHAPTER 76. WATERWAY CONTROL.
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Account #: Amount of this item:
Budgeted amount available: Amount remaining after item:
Budget transfer required: Appropriate Fund Balance:
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Department Head �: �'1�,
Legal (for legal sufficiency)
Finance Director or Representative
Reviewed for Financial Sufficiency � ��i
No Financial Impact
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Village Manager:
Submit for Council Discussion: �
Approve Item: � 'P � v` Y�� 5�
Deny Item: � �
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Form Amended: 10/30/14
VILLAGE OF TEQUESTA
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MEMORANDUM Village Clerk's Office
TO: Michael Couzzo, Village Manager
FROM: Lori McWilliams, Village Clerk
DATE: April 25, 2015
SUBJECT: Proposed Dissolution of the Board of Adjustment
The Community Development Director, Nilsa Zacarias, and I have had numerous
conversations over the past year regarding the Board of Adjustment (BOA). Currently,
the BOA is charged with hearing requests for variances on property containing single
family residences in zoning districts R-1 and R-1A, as well as certain administrative
appeals.
The Zoning Board meets infrequently (it has not had a meeting since 6/10/2013). As
such, we propose the BOA be dissolved and the duties transferred to the Planning and
Zoning Advisory Board, which meets on a regular basis.
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ORDINANCE NO. &15
AN ORDINANCE OF THE VII.LAGE COUNCII.. OF THE VII..LAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 76. WATERWAY
CONTROL. BY AMENDING SECTION 76-7. VARIANCES. BY
REMOVING ALL REFERENCE TO THE BOARD OF ADJUSTMENT
AND SUBS1'ITUTING IN ITS PLACE THE PLANNING AND ZONING
BOARD; PROVIDING THAT EACH AND EVERY OTHER PROVISION
OF CHAPTER 76. WATERWAY CONTROL. SAALL REMAIN IN FULL
FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY
TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the Village's zoning board of adjustment is currently chazged with hearing
requests for variances on progerty contai.ning single family residences in zoni.ng districts R-1 and
R-lA, including variances to the applicable provisions of the Village's waxerway control code as
contained in Chapter 76; and
WHEREAS, the zoni.ng boazd of adjustment meets very infrequently; and
WHEREAS, the Village Council has received a recommendation from the Village
Manager and Community Development Director to dissolve the zoning boazd of adjustmeat and
consolida.te aad transfer the responsibilities of the zoni.ng board of adjustment into those of the
planning and zoning board, which meets on a regular basis; and
WI�REAS, the Village Council agrees with said recommendations and believes that
merging the zoning board of adjustment into the planning and zoni.ng boazd will be in the best
interest of the Village as well as its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VII..LAGE COUNCIL OF THE
VII..LAGE OF TEQUESTA, FLORIDA, AS FOLLOWS:
Section 1. Cha.pter 76, Article I, Section 76-7. of the Code of Ordinances of the
V'illage of Tequesta is hereby amended to substitute reference to the board of adjustment with
reference to the planning and zoning boazd; providi.ng that this section shall hereafter read. as
follows:
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ARTICLE I. - IN GENERAL
Sec. 76-7. - Variances.
(a) Any person desiring a variance from the terms of this cha.pter shall make application for
such variance to the lannin� and zoni.ng board of the village in accordance
with the procedures set forth in this section.
(b) In order to authorize any variance from the terms of this cha.pter, the nlanninQ and zonine
board MLTST find with respect to the proposed project as follows:
(1) The variance being requested meets the definition of the term "variance" as that term is
used and understood in chapter 78, zoning.
(2) No hazardous condition would be created.
(3) The flow of water would not be impeded or interfered with.
(4) No obstntction to navigation would occur.
(5) It would not interfere with traditional public uses of the waterway including, but not
limited to, swimming, fishing, or boating.
(6) It would not create an appreciable obstruction of wa.terway views or othervvise detract
from aesthetic values.
(7) It would not appreciably disrupt, interfere witl�, or disturb marine or benthic life.
(8) It would not contribute to the pollution of the waterway or the degradation of its
condition.
(9) It would not interfere with the lawFul rights of riparian owners.
(10) It would be consistent with any other applica.ble laws, rules or plans.
Section 2. Each and every other section and subsection of Chapter 76. Waterway
Control. shall remain in full force and effect as previously adopted.
Section 3. All ordinances and parts of ordinances in conflict with these amendments
are repealed.
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Section 4. Should any section or provision of this ordinance, or any portion thereof,
any pazagraph, sentence or word, be declazed by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this ordinance.
Section 5. Specific authority is granted to codify and incorporate this ordina.nce into
the existi.ng Code of Ordinances, �llage of Tequesta, Florida.
Section 6. This ordinance sha11 take effect immediately upon adoption.
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