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HomeMy WebLinkAboutOrders_Code Enforcement_07/23/2015 VILLAGE OF TEQUESTA PLANNING & ZONING BOARD CASE NO. VAR -02 -15 IN RE. Gregory S. Kino, Esq.; applicant Truman Frank Williams, III; owner PROPERTY LOCATION: 59 River Drive, Tequesta, FL 33469 LEGAL DESCRIPTION: TEQUESTA LT 19 PARCEL CONTROL NUMBER: 60- 42- 40- 26 -01- 000 -0190 VARIANCE REQUESTED: variance from section 76- 20(a)(1), which prohibits construction of a dock that extends more than seventy -five feet waterward from the mean highwater line, to allow construction of a dock that shall extend ninety -six feet waterward from the mean highwater line. ORDER GRANTING VARIANCE FROM SECTION 76- 20(A)(1), VILLAGE CODE OF ORDINANCES This cause came on to be heard upon the above application and the Tequesta Planning & Zoning Board considered the evidence presented by the applicant and other interested persons at a hearing called and properly noticed, and the Planning & Zoning Board, being otherwise duly advised, THEREUPON, THE PLANNING & ZONING BOARD FINDS AS FOLLOWS: 1. The applicant submitted all documents required by the Village's Code of Ordinances to review an application for a variance under Chapter 76 of the Code of Ordinances. 2. The application, all supporting documentation, and presentation materials were reviewed by the Village Planning & Zoning Board at its August 20, 2015 meeting. The application, all supporting documentation, and presentation materials, as kept on file by the Village, are made a part of this order and incorporated by reference. 3. Under section 76 -7, a variance from the terms of Chapter 76 requires review and approval by the Village Planning & Zoning Board. 4. The applicant has applied for a variance from section 76- 20(a)(1) to allow construction of a dock that shall extend ninety -six feet waterward from the mean highwater line at the proper- ty described above. The proposed project: a. Meets the definition of the term variance as that term is used and understood in chapter 78, zoning b. No hazardous creation will be created by the proposed project. c. The flow of water will not be impeded or interfered with by the proposed project. d. No obstruction to navigation will occur from the proposed project. e. The proposed project will not interfere with traditional public uses of the waterway including, but not limited to, swimming, fishing, or boating. f. The proposed project will not create an appreciable obstruction of waterway views of otherwise distract from aesthetic values. g. The proposed project will not appreciably disrupt, interfere with, or disturb marine or benthic life. h. The proposed project will not contribute to the pollution of the waterway or the deg- radation of its condition. i. The proposed project will not interfere with the lawful rights of riparian owners. j. The proposed project will be consistent with other applicable laws, rules, or plans. 5. Under the provisions of the Village Code of Ordinances, the Planning & Zoning Board has the right, power and authority to act upon the request herein made. IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED BY THE VILLAGE PLANNING AND ZONING BOARD: The application for a variance from section 76- 20(a)(1) in case VAR -02 -15 regarding proper- ty described on the preceding page in the Village of Tequesta, Palm Beach County, Florida, to allow to allow construction of a dock that shall extend ninety -six feet waterward from the mean highwater line at the property, in accordance with the Variance Application attached as Exhibit A is hereby APPROVED. The Planning & Zoning Board finds the applicants have met the requirements of section 76 -7 for a variance from section 76- 20(a)(1) of the Tequesta Code of Ordinances. Please note: ■ The term applicant(s) as used herein shall include all successors and assigns. DONE AND ORDERED onAuguss`2015. B : JAINET STRAND rd Chair `! \Q; .\\aaaa c naa 7 Ni /u:6 �� ''' '` \ By :LORI MCWILLIAMS Village Clerk INCORPORATED v / � '' C�. i 4 m Page 2 of 2