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Home My WebLink AboutR-2006-079 Dielo Variance RESOLUTION NO. 2006-079 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY MICHAEL DIELO, PROPERTY OWNER, FROM CHAPTER 25 "TRAFFIC", ARTICLE III"PARKING",DIVISION 6, SECTION 25-125(D),FOR PROPERTY LOCATED AT 703 SE 3 LANE,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 WHEREAS,Michael Dielo has applied for a variance (VA-15-06)to allow for the parking and storage of a boat 25' 9" in length on property located at 703 SE 3 Lane, 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 April 19, 2006, recommended that the City Commission grant variance request VA-15-06, 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-15-06, 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 provided the variance applies only to Mr. Dielo. 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 That all resolutions or parts of resolutions in conflict with this Resolution are • repealed to the extent of such conflict.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 May 9, 2006. 4 f5?�� PATRICIA FLURY MAYOR—COMMISSIONER "ATTEST \` �,`LOUISE STILSON, CMC �ACITY CLERK' APPROVED AS TO FORM D CORRECTNESS: BY: �; TH MA . A SBRO CITY ATTORNEY 2 RESOLUTION#2006-079 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division ' General Development Application (954)924-3645 ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request ❑ Rezoning Date Rec'd: ` ❑ Site Plan ❑ Special Exception Petition No.: 04-f s" -o ❑ Special Request ❑ Trafficway Waiver Q Variance: ❑ Vacation Request ❑ Other: THIS APPLICATION WILL NOT RE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRV 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 fact 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: 703 SE 3rd LaNF Lot(s): 1 1 , 9 3 Block: 5_ Subdivision: a- s Recorded Plat Name: Folio Number(s): 51 42-03-58-0620 Legal Description: TOWN & COUNTRY FSTATFS SEC 1 95-12 B Applicant/Consultant/Legal Representative (circle one) MICHA . DIF .O Address of Applicant: 703 SE 3rd Lane DANTA BRACIFF FT 31004 Business Telephone: -1,154..-629-a87$Home:954.-920-071 0 Fax: Name of Property Owner: MICRAEL DIELO iress.of Property-owner: 703 3E, 3Kd Lane. DARIA BEACH FL 33004 Business Telephone: 954-629-8$78Home: 954-9 n-071 n Fax: Explanation of Request R�9aaelge 'fbr .a wasriance to park and store my boat, which is 25 ft. 9 inches long behind my house . Prop. Net Acreage: Gross Acreage: Prop. Square Footage: _ Existing Use: Residential dwelling proposed Use: Residential dwelling Is property owned individually, by a corporation, or a joint venture? Individually I understand that site plan approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005-040. r Applicant/Owner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/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. • INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. �@ Sworn to and subscribed before me Owner: to ir This 63d day of YM rt4u4 20 D 6 / Signature: t Date: n 6 Sign Name arNotary Public (Print Name) State of AMLANd Print Name f Notary Street Address, City, State and Zip Code Commission ShkeYH. C h o Seal: k i 8 18 zoos Telephone No. & Fax No. mickael Dielo 703 SE 3nd Lane Dania Beach, FL 33004 (964)629-8878 Voice (954)920-0710 Fax email: mdieloa-aol.com Planning and Zoning Board City of Dania Beach Dania Beach, FL 33004 Ladies and Gentlemen: CRITERIA STATEMENT I come before this Board to request a variance allowing me to park and store my boat — which measures 25 feet 9 inches in length — on my property, behind my house. As you can see, the boat is a scant 9 inches over the limit per the code. This vessel has been parked and stored on the property, in this location, since I purchased the house in May 2000, without incident or complaint from any of the surrounding neighbors during that entire length of time. The boat is extremely well maintained, as is my property, and does not present a visual eyesore to either neighbors or passers-bye. If the property were of sufficient size to construct a building in accordance with the code to enclose the boat, I would be happy to do so. However, it is not. So I must ask for a variance. On January 18, 2006 a similar request was put before this Board by a neighbor, Mr. Ronald Koenig who resides at 360 SE 6th St., and who has a boat that is 4 feet larger; also extremely well maintained as is his property. That request was reviewed by this Board, comments from the public were heard, and that request for variance was granted. With full belief that all the specific conditions for this variance request have been met, I respectfully ask this Board to grant me this variance and hereby state: That literal interpretation of the provisions of this chapter of the Dania Code would deprive me 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 me. Further, should this variance be granted, it will not be injurious to the area involved or otherwise detrimental to the public welfare. Respectfully, AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA G NDA ITEM NO. , 1. DATE OF COMMISSION MEETING: MAY 9, 2006 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—VARIANCE REQUEST VA-15-06 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: Request by property owner, Michael Dielo, for a variance to allow parking/storage of a boat 25 feet 9 inches on property located at 703 SE 3 Lane. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Resolution Criteria Statement Application Survey Public Hearing Notice Location Map Mailing List 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: p $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds,AICP, Director Date: April 24,2006 Community Development Department City Manager Date CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: May 9, 2006 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director / FROM: Corinne Church, AICP, Principal Planner �,� SUBJECT: VA-15-06- Request by property owner, Michael Dielo, for a variance to allow parking/storage of a boat 25 feet 9 inches on property located at 703 SE 3 Lane. VARIANCE To allow parking/storage of a boat 25' 9" in length or 8 feet in width be parking or stored on residential property. The subject property is zoned Residential Single Family (RS-6000). The . property fronts on SE 3 Lane and back up to SE 4 Avenue. The boat is parked at the rear of the property, adjacent to SE 4 Avenue. The City Code allows boat storage on residential property provided the vessel is no longer than 25 feet; the subject boat is 25 feet 9 inches. PLANNING AND ZONING BOARD RECOMMENDATION On April 19, 2006 the Planning and Zoning Board recommended approval of the requested variance provided the applicant construct a 6 foot opaque shadow box wood fence with rolling gate to hide the boat. STAFF RECOMMENDATION At the discretion of the City Commission. NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH VA-'I 5-06 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on Tuesday, May 9, 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-15-06 — Variance request by applicant / owner Michael Dielo to allow parking / storage of a boat 25' 9" in length on property located at 703 SE 3rd Lane, 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." Legally described as: Lot 2 less the south 0.61 foot thereof, together with the south 1 .93 feet of lot 1, block 5, "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, 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 Disabilities 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, April 28, 2006 See reverse side for property location SE.6TH ST _. SE.7.TH—ST it W _.__.,SE8TH ST ui N CO) W -- C SE STH—ST s ......SE.1 OTH ST-- N i I MiGM MlM IM IM MI� cs M 01C) M 0000 0000 M M M M M MMM,M. , ;M M (1MM MI ;m M M M M MMMm m MlM coMM M MM (M M MiM (MM 0tO Min > > LL OzY LJL � LJLLJ U. 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