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AGENDA ITEM ROUTING SHEET ,
Meeting Date: Meeting Type: R Ordinance #: g_1.5
05-14-2015 Consent Agenda: No Resolution #:
Originating Department: Clerk I
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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 ite�:
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Budgeted amount available: Arx�ount remaining aft�r ��e��a:
Budget transfer required: Appropriate Fund Balance:
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Department Head `-��, 4!��'1�,L--
Legal (for legal sufficiency)
Finance Director or Representative
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Form Amended: 10/30/14
VILLAGE OF TEQUESTA
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MEMORANDUM Village Cierk's Office
TO: Michael Couzzo, Viilage 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.
,
ORDINANCE NO. 8-15
AN ORDINANCE OF THE VILLAGE COUNG'II. OF THE VII.LAGE OF
TEQUESTA, FLORID,A, AMENDING CHAP1'ER 76. WATERWAY
CONTROL. BY AMENDING SECTION 76-7. VARIANCES. BY
REMO'VIl�iG ALL REFERENCE TO THE BOARD OF ADJUSTMENT
AND SUBSTITUTING IN ITS PLACE THE PLANI�IING AND ZONIIVG
BOARD; PROVIDING TAAT EACH AND EVERY 01'HER PROVISION
OF CAAPTER 76. WATERWAY CONTROL. SHALL 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 zoniag board of adjustment is cunently charged with hearing
requests for variances on property containing single family residences in zoning districts R-1 and
R-lA, including variances to the applicable provisions of the Village's waterway control code as
contained in Chapter 76; and
WHEREAS, the zoning board 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 board of adjus�ent and
consolidate and transfer the responsibilities of the zoning board of adjustment into those of the
planning and zoning board, which meets on a regular basis; and
WHEREAS, the Village Council agrees with said recommendations and believes that
merging the zoning board of adjustment into the planning and zoning board will be in the best
interest of the Village as well as its residents.
NOW, THEREFORE, BE TT ORDAINED BY THE VILLAGE COUNCIL OF THE
VII:LAGE OF TEQUESTA, FLORIDA, AS FOLLOWS:
Section 1. Chapter 76, Article l, Section 76-7. of the Code of Ord.inances of the
V'illage of Tequesta is hereby amended to substitute reference to the board of adjustment witb.
referenae to the p181]IIIIIg and zoning board; providing that this secti.on sball hemafter read as
follows:
Page 1 of 3
ARTICLE I. - IN GENERAL
Sec. 76-7. - Variances.
(a) Any person desiring a variance from the terms of this chapter shall make application for
such variance to the nlannin� and zoning board �ea� of the village in accordance
with the procedures set forth in this section.
(b) In order to suthorize any variance from the terms of this chapter f� nlanninQ Anc� �nnin�
board �e� MUST 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, zaning.
(2) No hazardous condition would be created.
(3) The flow of water would not be impeded or interfered with,
(4) No obstruction to navigation would occur.
(5) It would not intetfere with traditional public uses of the waterway including, but not
li.mited to, �+mming, fis�hing, or boating.
(� It would not create an appreciable obstruction of waterway views or otherwise det�ract
from aesthetic values.
(� It would not appreciably disnxpt, interfere with, or disturb marine or bentluc life.
(8) It would not contribute to the pallution of the waterway or the degradation of its
condition.
(4) It would not interfere with the lawful rights of riparian owners.
(10) It would be consistent with any other applicable laws, rules or plans.
5ection 2. Each and every other section and subsection of Cbapter 76. Waterway
Control. shall i+�main in full force and e�ect as previously adopted.
Section 3. All ordinances and parts of ordinances in conflict with these amendments
are repealed.
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S'on 4. Should any section or provision of this ordinance, or any portion thereo�
any paragraph, sentcnce or word, be declared by a Court of competent jurisdiction to be invalid,
such d�ision sha11 not affect the validity of the remainder of this ordinaace.
Section 5. Specific authority is granted to codify and incorporate this ordinance urto
the existing Code of Ordinsnces, V'illage of Tequesta, Flo�ida.
Section 6. This ordinance shall take effect immediately upon adoption
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