HomeMy WebLinkAboutOrders_Planning and Zoning_03/16/2017_Mary Hester_VAR 02-17 ' VILLAGE OF TEQUESTA FILED: Village of Tequesta
PLANNING & ZONING BOARD Date:_ � a4 i7
Time: g 'J�9 .9�
CASE NO.: VAR 02-17
IN RE: Mary E. Hester as Tttistee of the Mary E. Hester Revocable Trust; Owner and
' Applicant
PROPERTY LOCATION: 356 Church Road, Tequesta, FL 33469
LEGAL DESCRIPTION: JUPITER IN THE PINES SEC B LT 7 BLK 32
PARCEL CONTROL NUMBER: 60-42-40-25-06-032-0070
REQUEST: Modify or rescind the 1993 Variance Agreement per Section 78-66.
ORDER APPROVING VARIANCE MODIFICATION
This cause came on to be heard upon the above application and the Plannin� and Zoning
Board of the Village of Tequesta having considered the evidence presented by the applicant and
other interested persons at a hearing called and properly noticed, and the Planning and Zoning
Board of the Village of Tequesta being otherwise duly advised,
THEREUPON, THE PLANNING AND ZONING BOARD OF THE VILLAGE OF
TEQUESTA FINDS AS FOLLOWS:
1. The subject property is located in the R-1 Zoning District ii� the Villa�e of Tequesta.
2. The Applicant was originally granted a variance from the tllaximum lot coverage
requirement in Ordinance No. 355, Section VII(C) on October 18, 1993. At the time of
the original variance approval, the Board of Adjustment required a nuinber of conditions
of approval, all of which are memorialized in the "Variance Agreement" which was
recorded in the Official Records of Palin Beach County at ORB 7993 / P 1316 on
November 23, 1993, and which is attached hereto as Exhibit "A".
3. The applicant has now applied to the Planning and Zoning Board for reconsideration of
the conditions of approval that were originally imposed, and has provided testimony and
evidence that such conditions are not required in order to meet the Village' variance
criteria.
4. The applicant has submitted all supporting documentation required by the Village's
Code of Ordinances for Planning and Zonina Board review and action on this request.
5. The application and all supporting doc�imentation as reviewed by the Planning and
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� Zoning Board at its March 16, 2017 ineeting, and as kept on file by the Village, are
made a part hereof and are hereby incorporated by reference as Exhibit "B".
6. Pursuant to section 78-66, Village Code of Ordinances, this board has the authority to
reverse or affinn, wholly or partly, or modify the order, requirement, decision or
determination appealed from and may make stich order, requirement, decision or
deterniination as ought to be made.
' IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED BY THE
PLANNII�IG AND ZONII�IG BOARD OF THE VILI.AGE OF TEQUESTA, FLORIDA, AS
FOLLOWS:
The application in case number VAR 02-17 for reconsideration of the conditions of approval that
were originally imposed with the grant of variance from the maximuin lot coverage requirement in
Ordinance No. 355, Section VII(C) on October 18, 1993 as memorialized in the Variance
Agreement attached hereto as Exhibit "A", for the above-referenced property in the Village of
Tequesta, Palm Beach County, Florida, is hereby GRANTED, as follows:
1. The Variance Agreement, and all conditions of approval and other reqLiirements
contained therein is hereby rescinded.
2. In all other respects, the grant of variance from the maximum lot coverage reqLiirement
in Ordinance No. 355, Section VII(C) on October 18, 1993 remains in full force and
effect since the Villa�e Planning and Zoning Board finds that the Applicant has provided
competent, substantial evidence to satisfy the statutory criteria in Section 78-65, Village
Code of Ordinances without the need for such conditions to be im osed.
P
Please Note:
I ■ The term c�pplica�zt(s) as used here shall inclilde all successors and assigns.
DONE AND ORDERED THIS I� DAY OF MARCH, 2017.
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MICHAEL SCH IDT, VICE CHAIR
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LORI McWILLIAMS, MMC '�' �`�a
VILLAGE CLERK > SEAL �� Z
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