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Home My WebLink AboutO-2006-009 Administrative Variance ORDINANCE 2006-009 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO ZONING; AMENDING CHAPTER 28, "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA TO CREATE SECTION 10-15 OF CHAPTER 28, SUCH SECTION TO BE ENTITLED "ADMINISTRATIVE VARIANCE PROCEDURES; PROVIDING A PROCEDURE FOR THE GRANTING OF MINIMAL VARIANCES FOR ZONING REQUIREMENTS APPLICABLE TO SINGLE-FAMILY HOMES EXISTING COMMERCIAL, INDUSTRIAL OR OFFICE BUILDINGS CONTAINING 50,000 SQUARE FEET OR LESS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That Chapter 28, "Zoning", is amended to create Section 10-15 entitled "Administrative Variance Procedures", which Section shall read as follows: Sec. 10-15. Administrative Variance Procedures a. The Community Development Director is authorized to review and approve the following variances for single family homes, without review by the Planning and Zoning Advisory Board and the City Commission, subject to compliance by the applicant with the requirements of subsection (c) of this Section as well as with all other zoning and City code requirements: 1) Required yards for detached accessory buildings, sheds, and garages may be reduced to five feet along a side or interior lot line (Zoning Code requirements specify 10 feet). 2) Required yards for a single family home may be reduced by 10%, but shall not exceed a maximum of a two 2 foot variance. 3) The required pervious area may be reduced by 10%. 4) The maximum building lot coverage may be increased by 10%. 5) Outdoor storage of a boat or recreational vehicle not to exceed 30 feet in length may be authorized. 6) The maximum fence height may be increased by 10%. 1 ORDINANCE 42006-009 7) A temporary mobile basketball hoop may be authorized to be placed in the swale adjoining the property. 8) Minimum lot width may be reduced 10% below what is required by the applicable zoning code requirements. 9) Minimum lot size may be reduced 10% below what is required by the applicable zoning code requirements. b. The Community Development Director is authorized to review and approve the following variances for existing commercial, industrial, or office buildings containing 50,000 square feet or less, without review by the Planning and Zoning Advisory Board and City Commission, subject to meeting the requirements of subsection (c) of this Section as well as all other zoning and City code requirements: 1) Required parking may be reduced by 10%, or two parking spaces, whichever is less. 2) Required landscaping may be reduced by 10%. 3) Building lot coverage may be increased by 10%. • C. Conditions of Approval. 1) An applicant must file an application for an administrative variance with the Community Development Department, including a plan of sufficient detail to clearly identify the administrative variance request. A survey identifying all easements is required for any requested reduction of a yard. 2) The applicant shall pay an application fee, as determined by the Community Development Department., which reflects the City's cost to process and provide notice of the request. 3) All owners of property within 150 feet of the subject parcel shall be provided mailed notice by the City of the administrative variance request and advised of their right to protest the request in writing within 20 days of mailing as evidenced by the postmark. 4) Any property owner who wishes to protest the variance shall submit a written protest (by mail, hand-delivery, or facsimile) to the Community Development Department within 15 days of the date postmarked on the mailed notice. 2 ORDINANCE#2006-009 . 5) Any such protest timely received by the Community Development Department shall operate to preclude the use of the administrative variance approval process. The applicant shall then be advised of a right to file an application for a variance. However, notice of the regular variance process, as outlined in Section 10-10 will only be provided to the person(s) who protested the administrative variance. An application fee for a variance will be charged based on the City's cost to process the application, provide notice, and advertise notice of the variance; provided, however, that a credit will be given to the applicant for the amount paid in connection with the administrative variance request. Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That this Ordinance shall be effective immediately at adoption on second reading. PASSED on first reading on March 28, 2006. PASSED and ADOPTED on second reading on April 25, 2006. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: CA 1n, LOUISE STILSON, CMC CITY CLERK 3 ORDINANCE#2006-009 APPROVED AS TO FORM AND CORRECTNESS: BY: THO AS . A S O CITY AT ORNEY 4 ORDINANCE#2006-009 _ AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. • 1. DATE OF COMMISSION MEETING: APRIL 25, 2006 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARINGS—ZONING CODE TEXT AMENDMENT AMENDING CHAPTER 28,ZONING TO ALLOW ADMINISTRATIVE VARIANCES WITHOUT REVIEW BY THE PLANNING AND ZONING ADVISORY BOARD AND THE CITY COMMISSION SUBJECT TO MEETING ALL OTHER ZONING AND CITY CODE REQUIREMENTS. 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE 2ND READING 4. SUMMARY EXPLANATION & BACKGROUND: 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): ORDINANCE STAFF MEMORANDUM PUBLIC HEARING NOTICE • 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: STAFF Submitted by: Laurence G. Leeds, AICP, Director Date April 3, 2006 Community Development Department City Manager Date • CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT • STAFF REPORT DATE: April 25, 2006 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director C SUBJECT: Amending Chapter 28, Zoning to allow administrative variances without review by the Planning and Zoning Advisory Board and City Commission subject to meeting all other zoning and city code requirements (SECOND READING). APPLICANT: . City Commissioner Anton City Commission Anton has requested an ordinance allowing administrative variance without P and Z/City Commission approval providing there is no objection from any neighbor within 150 feet. • With the exception of the exception of accessory buildings, garages, and sheds, administrative variances would be limited to a 10% increase or reduction in what is permitted by the zoning code. The rear/side setback for accessory buildings, garages, sheds, etc. may be reduced from 10 feet to five feet under the proposed procedure. Property owners within 150 feet of the site are provided notice and given 20 days to formally object to the administrative variance in writing. If there are no submitted written objections, the variance is granted. If there are any objections, the applicant must now apply for a conventional variance (and pay the additional fees) with notice to the objecting neighbor(s). CITY COMMISSION PREVIOUS ACTION On March 28, 2006 the City Commission approved this text amendment on first reading with no changes. PLANNING AND ZONING BOARD RECOMMENDATION On March 15, 2006 the Planning and Zoning Board recommended approval of the requested text amendment. NOTICE OF PUBLIC HEARING BEFORE THE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA REGARDING ADOPTION OF • ORDINANCE NO. 2006-009 NOTICE IS GIVEN that on April 25, 2006, at 7:00 p.m. or as soon thereafter as the matter may be heard, the City Commission of the City of Dania Beach, Florida, will conduct a public hearing in the Commission Chamber at Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, to consider the proposed adoption of the following Ordinance: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO ZONING; AMENDING CHAPTER 28, ZONING OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA TO CREATE SECTION 10-15 OF CHAPTER 28, SUCH SECTION TO BE ENTITLED 'ADMINISTRATIVE VARIANCE PROCEDURES'; PROVIDING A PROCEDURE FOR THE GRANTING OF MINIMAL VARIANCES FOR ZONING REQUIREMENTS APPLICABLE TO SINGLE-FAMILY HOMES EXISTING COMMERCIAL, INDUSTRIAL OR OFFICE BUILDINGS CONTAINING 50,000 SQUARE FEET OR LESS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Second and Final Reading) Copies of the proposed Ordinance is on file in the Office of the City Clerk, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal business hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the �proceedings should contact the City Clerk's Office, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954) 924-3622 at Ieatt 48 hours prior to the meeting. Lou Ann Cunningham Planning Associate Sun Sentinel Notice Date: Friday, April 14, 2006 •