HomeMy WebLinkAboutR-2006-015 Koenig Variance RESOLUTION NO. 2006-015
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING
THE VARIANCE REQUEST SUBMITTED BY MORRIS AND MIRIAM
KOENIG, PROPERTY OWNERS, FROM CHAPTER 25 "TRAFFIC",ARTICLE
III"PARKING",DIVISION 6,SECTION 25-125(D),FOR PROPERTY LOCATED
AT 360 SE 6T11 STREET, IN THE CITY OF DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 25, "Traffic", Article III,
"Parking"sets regulations for the parking of recreational vehicles.in residential areas in the City of
Dania Beach; and
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WHEREAS,Morris and Miriam Koenig, have applied for a variance (VA-01-06)to allow
the parking/storage of a boat 29' 8"in length on property located at 360 SE 6`"Street,Dania Beach;
Chapter 25, Article III,Division 6, Section 25-125 (d) states: "In no event shall any boat exceeding
twenty-five (25) feet in length or eight (8) feet in width be parked or stored on residential property
unless it is within a completely enclosed, roofed and walled permanent structure"; and
WHEREAS,the Planning&Zoning Board on January 18,2006,recommended that the City
Commission grant variance request VA-01-06, based upon the criteria set forth in section 10.13 of
Article 10, of Chapter 28, "Zoning", of the Code of Ordinances of the City of Dania Beach;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That that certain application VA-01-06, for the variance described above from
requirements in Chapter 25 "Traffic", Article III "Parking",Division 6, Section 25-125 (d), of the
City of Dania Beach Code of Ordinances,a copy of which application is attached and made.a part of
this Resolution as Exhibit"A", is approved.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 3. That this Resolution shall be in force and take effect immediately upon its passage
and adoption.
PASSED AND ADOPTED on January 24, 2006.
ANNE CASTRO
MAYOR—COMMISSIONER
AT EST: ROLL CALL:
COMMISSIONER ANTON - YES
}(J COMMISSIONER BERTINO - YES
LOUISE-STILSON COMMISSIONER MCELYEA - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CASTRO - YES
APPROVED AS FO AND CORRECTNESS:
• BY: `i
T OM ,§ i ANSBRO
CITY ATTORNEY
2 RESOLUTION#2006-015
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City of Dania Beach, Florida
Department Of community Development
Planning and Zoning Division
(954)924-3645
General Development Application
C3 Assignment of Flex/Reserve Units JA�
0 Land Use Amendment — 4 z06
0 Plot
0 Plat Delegation Request
D Rezoning Date Rec'd:
0 Site Plana
0 Special Exception Petltlon No.: O b 0 Special Request
0 Traffi way Waiver
X varlance
0 Vacation Request
O Other:
THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLE72 AND SUBM TTED WnH
ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and"Required
Documentation"checklist to determine the supplemental documents required with each application.
For after the fad applications, the responsible contractor of record shall be present at the board hearing.
Their failure to attend may impact upon the disposition of your application. As always, the applicant or
their authorized legal agent must be,present at all meetings.
All projects must also obtain a building permit from the City's Building Department.
Location Address: 360 SE 6th St. Dania Beach, Florida 33004
Lot(s): 1 Block: 2 Subdlvislon:Town and Country Estates, Section One
Recorded Plat Name:
Folio Numbers : 1203-58-011 Legal Description: LOT 1 BLCOK 2, OF TOWN AND
COUNTRY ESTATES, SECTION ONE, ACCORDING TO THE PLAT THEREOF,AS RECORDED
IN PLAT BOOK 95 PAGE 12 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA
Applican Consultant/Legal Representative(circle one) Koenig, Morris and Miriam
Address of Applicant: 360 SE 6th St. Dania Beach, Florida 33004
Business Telephone: Home: (954)966-7233 ___ Fax: (954)924-0747
Name of Property Owner: Koenig, Morris and Miriam
Address of Property Owner: 360 SE 6th St. Dania Beach, Florida 33004
Business Telephone: Home: (954)966-7233 Fax: (954)924-0747
Variance for parking and/or storage of a boat less than thirty(30)feet in
Explanation of Request: length on Applicants' residential property.
Prop. Net Acreage: Gross Acreage: Prop. Square Footage:
Existing Use: Residential Proposed Use: Residential
Is property owned individually, by a corporation, or a joint verture? Individually
I
I understand that site plan approval automatically expires within 12 months of City
Com approval, pursuant to Ordinance No. 2003-040.
p icant/Owher signature Print Name Date
APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to and subscribed before me Applicant/Consuftant/Representative:
This day of 20_
Signature:
Date:
Sign Name of Notary Public (Print Name)
State of( )
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires:
Seal: Telephone No. &Fax No.
iINDIVIDUAL OWNER NOTARIZED SIGNATURE:
This is to certify that I am the fee simple owner of subject lands described above and that I have
authorized (Applicart/Consultant/Representative) to
make and file the aforesaid application.
Sworn to and subscri d before me Owner:
T,)is day of� 20�
Signat e:
ZDa
YSignName of N rydta Public
(Print 2Name)
State of( F/-V-7,004- )
_ r fine 3eoo sic 6,
Print Name of Notary Street Address,City, State and Zip Code
Commission Expires: `2 �26 ( 7,5 / ) .270 3 5j /Q
Seal: Telephone No, &Fax No,
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L0UANMC
NdMPUbk-SM0dFMft
BY Can.Expires Fab 28.2=
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CRITERIA STATEMENT OF
VARIANCE APPLICANTS MORRIS AND MIRIAM KOENIG
Pursuant to The Code of Ordinances of Dania Beach, Florida, Chapter 25
Sections 25-125 and 25-127 and Chapter 28 Article 10 Section 10.13, Applicants
Morris and Miriam Koenig file this Criteria Statement along with their General
Development Application: Variance for the allowance of a 29'4' boat to be parked
or stored at 360 SE 6t' Street, Dania Beach, Florida 33004, a residential
property. The Applicants request that the city commission find as follows:
(a) Special conditions and circumstances exist which are peculiar to the
land, structure or building involved and which are not applicable to
other lands, structures or buildings in the same zoning district;
•
The land on which the boat is now located and would remain located is a
corner lot that allows the boat to be parked or stored approximately 30 feet
or farther from the nearest sidewalk. The boat is far from view and is much
less obtrusive than a smaller boat that would be parked closer to public
view. No other property in the zoning district is so particularly well-suited
for the parking or storage of any boat, including a boat in excess of 25 feet
in length.
,JAN - 4 ��
(b)The special conditions and circumstances do not result from the
actions of the applicant,
The special conditions and circumstances of the Applicants' unique
situation are a result of the shape and size of the parcel of property owned
by Applicants'and not a result of any actions by Applicants.
(c) Granting the variance requested will not confer on the applicant any
special privilege that is denied by the chapter to other lands,
buildings or structures in this same zoning district;
Applicants would not be receiving any special privilege denied to other
lands, buildings or structures in the same zoning district. Because the
Applicants' have such a unique property, a conference of the right to park
the boat on Applicants' property will not be comparable to any denial of a
right to park or store a boat on another property. Furthermore, Applicants
contend that boats of greater length are routinely parked or stored on
residential properties in the zoning district, whether or not permissible by
their respective variances or allowable pursuant to the chapter. As such,
no special privilege is associated with parking or storing a boat of the
approximate size of Applicants'.
(d) Literal interpretations of the provisions of this chapter would deprive
the applicant of rights commonly enjoyed by other properties in the
same zoning district under the terms of this chapter and would work
unnecessary and undue hardship on the applicant;
Other owners of other properties enjoy the privilege of parking boats
substantially similar in impact on the zoning district under the terms of
Chapter 25 Section 25-125. The literal interpretation of the chapter would
work an unnecessary and undue hardship on the applicant as the boat is
no more obtrusive than a boat 25 feet in length, especially given the
distance of the boat's setback from the street and sidewalk. Applicant
specifically purchased the property because the City of Dania Beach is a
well-known watersports and boating community that is amenable to boat
. ownership. Denying the Applicants use of the property would deny them
the fundamental advantage that they saw in choosing their property in the
City of Dania Beach as a home and would work an unnecessary and
undue hardship on them.
(a) The variance granted is the minimum variance that will make
possible the re2son2ble use of the land, building or structure;
The requested variance is for the allowance of a boat that only eclipses
the allowed beat length by 4 feet 4 inches. The variance, if granted, would
• 3
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be the minimum variance that would allow the Applicants to keep their
boat on the land. The land is perfectly suited for the use requested in the
variance, and there will be minimum impact on the zoning district while
allowing Applicants to park or store their boat on the property as
requested in the variance.
(f� The grant of the variance will be in harmony with the general intent
and purpose of this chapter, and that such variance will not be
injurious to the area involved or otherwise detrimental to the public
welfare.
The grant of the variance will be in harmony with the general intent and
purpose of the chapter. Because the boat is only 4 feet 4 inches in excess
of that allowed by the chapter, there will not be any injury to the area
involved and would pose no detrimental impact to the public welfare. The
parking or storage of a boat in Applicants' driveway will in noway
adversely impact the establishment of comprehensive controls for the
development of land in the City of Dania Beach. Given the unique nature
of the Applicants' property and the size and placement of the boat on the
property, any adverse effect on the zoning district would be minimal and
unnoticeable to other members of the community.
4
Respectfully submitted by Applicants Morris and Miriam Koenig this day of
January, 2006.
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3 a� ANN
AGENDA REQUEST FORM
CITY OF DANIA BEACH
Q.
AGENDA ITEM NO.
6`0
1. DATE OF COMMISSION MEETING: JANUARY 24, 2006
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—VARIANCE REQUEST VA-01-06
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
Request by property owner Morris and Miriam Koenig for a variance to allow parking /
storage of a boat 29 feet 8 inches on property located at 360 SE 6 St.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Resolution
Application
Parking Site
Public Hearing Notice/Mailing List
Survey
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Submitted by:
Laurence G. Leeds, AICP, Director Date: January 17,2006
Community Development Department
City Manager Date
r
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
DATE: January 24, 2006
TO: Ivan Pato, City Manager
VIA: Laurence Leeds, AICP, Director
-
FROM: Corinne Church, AICP, Principal Planner 04W-1
SUBJECT: VA-01-06 — Request by property owner Morris and Miriam Koenig
for a variance to allow parking/storage of a boat 29 feet 8 inches
on property located at 360 SE 6 Street.
VARIANCE
To allow parking / storage of a boat 29' 8" in length on property; code allows
storage of a boat twenty-five (25) feet in length or eight (8) feet in width be
parked or stored on residential property.
The subject property is zoned Residential Single Family (RS-6000). The property is
located at the south west corner of SE 6 Street and SE 4 Avenue. The alley at the
rear of the property was vacated by the City Commission on December 12, 1989.
The applicant proposed to store the boat in the vacated alley at the rear of the
property. There are tall hedges on the east, street side, of the property that will help
to hide the parked boat. In addition, there are paved runners and a concrete pad
where the boat will be stored.
PLANNING AND ZONING BOARD
The Planning and Zoning Board will hear this item on January 18, 2006. The
Board's recommendation will be presented at the City Commission meeting.
STAFF RECOMMENDATION
The applicant shall prove his hardship to the City Commision.
NOTICE OP
PUBLIC HEARING
CITY OF DANIA BEACH
VA-01-06
NOTICE IS HEREBY GIVEN
that a public hearing will
be held before the City
Commiss100 on Tuesday,
January 24.2006.at 7:00
P.m., or 80 soon thereaf-
let es possible,in the Da.
We Beach City commis.
Sion Chambers, Dania
Beach Administrative
Center, 100 West Dania
Beach Blvd..Dania Beach,
Florida 330G4,for the put-
pose of hearing any com-
ments which might be
made to the following re-
quesC.
VA-01.06 Variance re-
quest by applicant/own-
er Morr and Miriam Koe-
nig to allow Parklnx/stor.
age Of a boat 29 8' In
length on property locat-
ed at 360 SE 6th Street,
Dania Beach.(Chapter 25,
Article IN,Division 6,Sec-
tion 25,125(d states'In
no event shah any boat
exceedin twenty-five
(25)feet fn length or eight
(8)feet In width be park
or stored on residentia
Propwq unless it is with
n a completely enclosed
roofed and walled perma
nent structure.'
Legally described as:
Town'& Country Estates
Sec 1,Plat Book 95.Pag
• 12,Lot 1,Block 2.
Copies of the pprropposed
request Is avallabie for
viewing In the Community
Development Depart-
me 100 West Dan
BeachBlvd.,Danle Beach,
Florida between the hours
of 8:00 a.m.and 4:00 P.M.,
Monday - Fridayy please
call (954) 924-3645 for
more information. Inter•
ested parties may appear
at the public hearing and
be heard with respect to
the proposed petition.
In accordance with the
Americans With Disablll-
ties Act,persons needing.,
assistance to participate)
in any of these proceed-
ings should contact
Louise Stilson,City Clerk,
100 W.Dania Beach Blvd,
Dania Beach, FL 33004,
(954)924-3622,at least 48
hours for to meeting person who .
cidesyto appeal any d ce-
sion made by the Clttyy
Commission wl regard
to any matter considered!
at this meeting or hearing)
will need a record of the
proceedingf and for such
purpose may need to en•
sure that a verbatim;
record of the proceedings,
is made,which record in.
cludes the testimony and
evidence upon which the.
appeal is to based.
LOU Ann Cunningham
Planning Associate
Janary 13 2006 i
r
..OTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
VA-01-06
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on
Tuesday, January 24, 2006, at 7:00 p.m., or as soon thereafter as possible, In the Dania Beach
City Commission Chambers, Dania Beach Administrative Center, 100 West Dania Beach Blvd.,
Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to
the following request:
VA-01-06 — Variance request by applicant / owner Morris and Miriam Koenig to allow parking /
storage of a boat 29' 8" in length on property located at 360 SE 6ei Street, Dania Beach.
(Chapter 25, Article 111, Division 6, Section 25-125 (d) .states "In no event shall any boat
exceeding twenty-five (25) feet in length or eight (8) feet in width be parked or stored on
residential property unless it is within a completely enclosed, roofed and walled permanent
structure."
Legally described as: Town & Country Estates Sec 1, Plat Book 95, Page 12, Lot 1, Block 2.
Copies of the proposed request is available for viewing in the Community Development
Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00
a.m. and 4:00 p.m., Monday — Friday please call (954) 924-3645 for more information.
Interested parties may appear at the public hearing and be heard with respect to the proposed
petition.
In accordance with the Americans With i D sabilities Act, persons needing assistance to
participate in any of these proceedings should contact Louise Stilson, City Clerk, 100 W.
Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3622, at least 48 hours prior to
meeting.
Any person who decides to appeal any decision made by the City Commission with regard to
any matter considered at this meeting or 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 based.
Lou Ann Cunningham
Planning Associate
Notice Date: Friday, January 13, 2006
See reverse side for property location
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