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HomeMy WebLinkAboutR-2006-080 Bartley Variance 16-06 RESOLUTION NO. 2006-080 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY PROPERTY OWNERS DOREEN AND JOHN BARTLEY,FROM CHAPTER 28, "ZONING",ARTICLE 4, "DISTRICT REGULATIONS", "SCHEDULE OF LOT, YARD AND BULK REGULATIONS", AND ARTICLE 5.31 (C) "YARD REGULATIONS", FOR PROPERTY LOCATED AT 303 SW 2ND AVENUE,IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 4, "District Regulations", sets the lot,yard and bulk regulations for the City of Dania Beach; and WHEREAS,the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 5.31 (c) "Yard Regulations" sets the regulations for placement of air conditioning units in the City of Dania Beach; and WHEREAS,property owners Doreen and John Bartley applied for a variance(VA-16-06): 1. To allow for the construction of a single family home on a 58.23 foot wide parcel (Chapter 28, "Zoning"Article 4, District Regulations, Schedule of lot, yard and bulk regulations,requires lot widths in RD-8000 zoning districts to be a minimum of 80 feet wide); 2. To allow an air conditioner in the street side yard(Chapter 28, "Zoning", Article 5.31 (c) "Yard Regulations",prohibit the placement of air conditioners in street side yards); the subject property is located at 303 SW 2❑d Avenue, Dania Beach; and WHEREAS,the Planning & Zoning Board on April 19, 2006, recommended that the City Commission grant variance request VA-16-06, 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-16-06, for a variance as described above from requirements in Chapter 28,"Zoning",Article 4,"District Regulations","Schedule of Lot,Yard and Bulk Regulations" and Article 5.31 (c), "Yard Regulations", 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 May 9, 2006. A PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FO AND CORRECTNESS: #14 BY: 1 TH6MA§JAWSBRO CITY ATTORNEY 2 RESOLUTION #2006-080 r i 1 City of Dania Beach, Florida Department of Community Development • Planning and Zoning Division (954) 924-3645 General Development Application ❑ Assignment of Flex/Reserve Units MAR - 9 20G6 ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request ❑ Rezoning Date Rec'd: ❑ Site Plan ❑ Special Exception Petition No.: ❑ Special Request ❑ 'Trafficway Waiver '0 Variance 13 Vacation Request t� �G`1I71Z� ❑ Other: a/C THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH 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 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 as building permit from the City's Building Department. Location Address: W J S W -;,;�r<t P�/� -- Lot(s): 43 Block: _� Subdivision: 0')(-(- e to �C.✓� Recorded Plat Name: ayidif ty PA�vl_ Folio Number(s):,514 2 0 3 s; o U 0 Legal Description: Moo-el D P6.r k L4 4-s Y3 ; Y Y 6 r k 1 Applicant/Consultant/Cgalepresentativ (circle one) JGh11 ak(2HE'W Address of Applicant: C�U L S r}►"r-i Pvv�- Dc;lCt �- Business Telephone: �'q43-127 ; Home: 61-4i 27-6-?43 Fax: Ci-CO-1 - I ts�y Name of Property Owner: tot �e'e�l Address of Property Owner: L'h"1(,Nl r. Business Telephone: _ �� U Home: Fax: `'1 Explanation of Request: �I Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Existing Use: :Jl�`c��� '>tl(V1 Proposed Use: _��� fi r7l l `f Is property owned individually, by a corporation,or a joint venture? I understand that site plan approval automatically expires within 12 months of City Commis io approval, pursuant to Ordinance No. 2005-040. ppllcant/Owner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultan epresentative• This day of �Wlk 20 Signature: Date: 9l S L a AN-le— Sign m of Notary Public (Print Name) State '1 Qy N ,2>w X` Print Name of No'dry Street Address, City, State and Zip Code Comm """' Bridget Bergeron q -g27.UZ43 9 927.1 Kg) - Seal. :p; ° June 2 zoo7 Telephone No. & Fax No. Expires1 Bonded TbM A-Iaztic BondingC°.,I= 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: 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. CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: This day of 20_ Signature: Date: (Print Name) Sign Name of Notary Public (Print Title) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Telephone No. &Fax No.. -- - ]DINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me This day of N ( 20A� Signature: Date: 0 (Print Name)** Si Na a of Notary ublic State` f(' cm1C i ) Zvi SE �_^O M-4 /u! SE.0.V- Print Name of(V�otary Street Address, City, State and Zip Code Jaye-Bridget;3eryecvn Commission#DD2I8856 CommissiMt ft-1: �i-q2�-U�rl3 �i 927 �'4 Seal: -% "; . Bonded rnm Telephone No. &Fax No. „`, .kfanrc Bonding Co.,Tnc. **Each partner must sign. Attach duplicate sheets as required. _ AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. _Yd 1. DATE OF COMMISSION MEETING: MAY 9,2006 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—VARIANCE REQUEST VA-16-06 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: The applicants, Doreen Bartley/Alberto Iriondo, are requesting a variance for an air conditioning unit and single family structure to be built on a lot located at 303 SW 2nd Ave. The following variances are: i) To allow a single family home on a 58.23' wide parcel; code requires lot widths in RD- 8000 zoning districts to be 80'wide. To allow an air conditioner in the street side yard; code prohibits the pfacement of air conditioners in street side yards. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Resolution Comment Sheets Application Public Hearing Notice/Mailing List Survey and Site Plan 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 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 C FROM: Corinne Church, AICP, Principal Planner , Louis Mercado, Planner 14/L SUBJECT: VA-16-06: The applicants, Doreen Bartley/Alberto Iriondo, are requesting a variance for an air conditioning unit and single family structure to be built on a lot located at 303 SW 2"d Ave. VARIANCE 1. To allow a single family home on a 58.23' wide parcel; code requires lot widths in RD-8000 zoning districts to be 80' wide. 2. To allow an air conditioner in the street side yard; code prohibits the placement of air conditioners in street side yards. PROPERTY INFORMATION ZONING: RD-8000 (Duplex) LAND USE DESIGNATION: Low Medium (10 units per acre) The property is generally located in a residential area west of Federal Highway and south of Stirling Road. The site is located on the south-east corner of SE 2nd Ave and SW 3rd Street. The property owner plans to build a single family home on lots 43 and 44. The area of these lots combined covers approximately 7,657 Square Feet and is 58.23' in width. VARIANCE 1. To allow for a single family home on a narrower than allowed lot i • the 9 Y size; minimum width for lots in RD-8000 is 80'. The applicant requests to build a single family home on two lots, which combined measure 58.23' in width. The RD-8000 80' lot width was intended for duplex lots, not single family. In this case, the applicant wishes to build a single family home on a nearly 60 foot wide parcel, the standard size for a single family home. This variance application includes lots 43 and 44. Adjacent lots 41 and 42 are the subject of a separate variance application to build a second single home. All four lots (41-44) are currently occupied by a single dilapidated home subject to pending code and unsafe structure actions. 2. To allow an air conditioner in the side yard; code prohibits the placement of air conditioners in street side yards. The applicant requests the air conditioning unit to be placed in the side street yard. STAFF RECOMMENDATION tAt the discretion of the Planning and Zoning Board. PLANNING AND ZONING BOARD RECOMMENDATION On Wednesday April 19, 2006 the Planning and Zoning Board recommended approval of the variance request. LL/ CC/ LM f- CITY OF DANIA BEACH ACOMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET PLEASE REVIEW SITE PLAN AND RETURN WITH COMMENTS IF ANY ,.. Route Date 3/13/2006 PZ Log VA-16-06 Project BARTLEY SFH VARIANCE LOT 43& Folio 514203260200 44 PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up © In-house ❑ Fire Marshal Landscape ❑ BSO ❑ Public Services ❑ Planner❑ Other Consultants ❑CGA Approved as submiIng Denied ❑ Comments must address p Approved w/conditions ❑ to PZ/Commission hea • List Conditions Signature D e Print Name CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET PLEASE REVIEW SITE PLAN AND RETURN WITH COMMENTS IF,ANY Route Date 3113/2006 PZ Log VA-16-06 Project BARTLEY SFH VARIANCE LOT 43& Folio 514203260200 44 PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up ® In-house ❑ Fire Marshal ❑ Landscape ❑ BSO ❑ Public Services © Planner❑ Other Consultants ❑CGA Approved as submitted Denied ❑ Comments must address prior ❑ Approved w/conditions ❑ to PZ/Commission hearing List Conditions _a' -►-� Z 3 0 0 Signature Date Date ` Print Name CITY OF DANIA BEACH Y - COMMUNITY DEVELOPMENT DEPARTMENT ~� ROUTING SHEET PLEASE REVIEW SITE rLAN AND RETURN WITH COMMENTS IF ANY Route Date 3/13/2006 PZ Log JVA-16-06 Project BARTLEY SFH VARIANCE LOT 43& Folio 514203260200 44 PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up ® In-house ❑ Fire Marshal ❑ Landscape © BSO ❑ Public Services ❑ Planner❑ . Other Consultants ❑CGA Approved as submitted Denied ❑ Comments must address prior F� Approved w/conditions ❑ to PZ/Commission hearing List Conditions coy �( e+•JN o-C V�OUS_Q- �h� -k9 CC/r�^ � t Ci -CA CO3A 3)4_b 0 6 Signature Date P ly, Print Name — --- -�— e i Criteria Statement - Doreen Bartley/Alberto Iriondo 303 SW 2"d Avenue, Dania Beach Florida (a) That 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 other lots on the street have varying widths anywhere between 43' of width to 100' of width; The 2 lots for this site total have an odd shape, 58.23 ft. on the west end and 60 ft. on the east end. Also, we are requesting that we be allowed to located the a/c unit in the 15' side yard, as this is a corner lot and feel that this location is more appropriate. (b) That the special conditions and circumstances do not result from the actions of the applicant: Lot was subdivided like this as part of the Modelo Park subdivision. (c) That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands,buildings or structures in this same zoning district: The 2 homes directly located on the lots across the alley(directly to the east) also have a smaller lot width than what is allowed in the code(45' and 40' widths), as do many of the other homes in the area. (d) That literal interpretation 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: Area is zoned RD- 8000(for duplex); Our intention is to keep with the harmony of the neighborhood and construct a single family residence. (e) That the variance granted is the minimum variance that will make possible the reasonable use of the land,building or structure: The request would be to allow construction with a lot width of slightly less than 60' (approximately 1.8% and to allow the A/C unit in the 15' side yard setback. (f) That 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: We do not feel that the granting of this variance will be detrimental to the neighborhood as our intentions are to encourage a single family residence. Ii{111 — NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH VA-16-06 and VA-17-06 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 Room, 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-16-06 - The applicant, John Bartley, representing Albert Iriondo, for property located at 303 SW 2nd Avenue, is requesting a variance for the following: 1. To allow a single family home on a 58.23 foot wide parcel; (Chapter 28, Zoning Article 4, District Regulations, Schedule of lot, yard and bulk regulations, requires lot widths in RD-8000 zoning districts to be a minimum of 80 feet wide.) 2. To allow an air conditioner in the street side yard; (Chapter 28, Zoning, Article 5.31 (c) Yard Regulations, prohibit the placement of air conditioners in street side yards.) Property is legally described as Lots 43 and 44, Block 1, "Modelo Park", according to plat thereof as recorded in plat book 14, page 10 of the public records of Broward County, Florida. VA-17-06 - The applicant, John Bartley, representing Albert Iriondo, for property located at 307 SW 2nd 0 Avenue, is requesting a variance to allow a single family home on a 50 foot wide parcel; (Chapter 28, Zoning Article 4, District Regulations, Schedule of lot, yard and bulk regulations, requires lot widths in RD-8000 zoning districts be a minimum of 80 feet wide.) Property is legally described as Lots 41 and 42, Block 1, "Modelo Park", According to the Plat thereof as recorded in plat book 14, page 10 of the public records of Broward County, Florida. Copies of the proposed petition are 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. 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, and (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. 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