HomeMy WebLinkAboutR-2006-081 Bartley Variance 17-06 RESOLUTION NO. 2006-081
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH,FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY
PROPERTY OWNER DOREEN AND JOHN BARTLEY, FROM CHAPTER 28,
"ZONING", ARTICLE 4,"DISTRICT REGULATIONS", "SCHEDULE OF LOT,
YARD AND BULK REGULATIONS",FOR PROPERTY LOCATED AT 307 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,property owners Doreen and John Bartley applied for a variance(VA-17-06)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 to be a minimum of 80 feet wide); the subject property is located at 307 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-17-06, 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-17-06, for a variance as described above from
requirements in Chapter 28,"Zoning",Article 4,"District Regulations","Schedule of Lot,Yard and
Bulk 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repealed to the extent of such conflict.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.
PATRICIA FLURY
MAYOR—COMMISSIONER
ATTEST: c
LOU ISE STILSON, CMC
CITY CLERK
APPROVED AS TO F AND CORRECTNESS:
BY:
THO AS1 .`A SBRO
CITY ATiTORNEY
2 RESOLUTION#2006-081
r
City of Dania Beach, Florida
Department of Community Development
• Planning and Zoning Division
(954)914-3645
General Development Application
❑ Assignment of Flex/Reserve Units
❑ Land Use Amendment 9 Lc'�5
❑ Plat
❑ Plat Delegation Request
❑ Rezoning Date Rec'd:
❑ Site Plan V, IA- i'7'o
❑ Special Exception Petition No.: I�
❑ Special Request �(
❑ Yrafiftcway Waiver 4A��
❑ Variance tl�v'
❑ Vacation Request /r 6� � C)-0 / S
❑ Other:
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 a building permit from the City's Building Department.
• Location Address: &J-7 SYy a!%41 AUK
Lot(s): 41 2 Block: �_ Subdivision: mcxlif to
Recorded Plat Name: OJ�
Folio Number(s): 51`f a. 3 2 Legal Description: 6 r .S L( Z
Applicant/Consultant/Le =epresentativecircle one)
Address of Applicant: ,ICJ 1 34--CJ -Avj- Ou;)[cc I �+'4
Business Telephone:`' _ a7 Home:CJ Fax: -Q 3-7 - I
Name of Property Owner: �c�ir�' �' �� 1 A��+u �y1'4k 6
2f-�k -O-Y%" llvt� Iv► S S ;
Address of Property Owner: (Xu1Lc, 3306-)-4
Business Telephone: �' d��a`1U Home: �� -�2'l.v� Fax: 9- `i 2-7'1 BSA
Explanation of Request:
Prop. Net Acreage: Gross Acreage: Prop. Square Footage: tD te? CCU
Existing Use: -Fa Y, LLLA Proposed Use: k
Is property owned individually, by a corporation, or a joint venture? �JM\l J A UCL
:T—
i
I understand that site plan approval automatically expires within 12 months of City
/pplZicantIO"er
approval, pursuant to Ordinance No. 2005-040.
signature Print Name Date
APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to and subscribed before me Applicant/Consultant/Representative:
This day of 111*W - 20(J
Signature•
Date:
i--Zjhr
Si 1 4f me f Notary Public (Print Name) /" Y
State f( ' )
Print Name of Notary Street Address, City, State and Zip Code
�yl�,�� jaye-arid get UMemn 'I �I-q
- -
Commission UB�ry�Commission#DDzisss6 q� /7�' o �3 �,v
Seal: EapirEs lie Telephone No.& Fax No.
Bonded Thin
Adaatic Bonding CA• =
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.
i f
CORPORATION NOTARIZED SIGNATURE:
This is to certify that the below referenced corporation is the owner of subject lands described above and
. that 1, 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:
Seal: _ _ _ . _ Telephone No..&_Fax No._
JOINT 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 01y 11_4A
`t
This i _day of N%fL4* 20-&
Signature:
Date:
'�b(,6-en / fN1 ber tu -,Te Icni 6
(Print Name)**
Sig me of Notary Public
State of(!P,.L� )
�Lyjv` r-qfte-- tut 5�_
Print Notary Street Address, City, St to and Zip Code
001w &UL,4 f=4 Sacs-4
Co � lage �
Seat., = ira June 2,MM Telephone No. &Fax No.
( •a,
Bonded T=
OF;,
���, •'�3nt1L BOIId'nSCA+IIIG
**Each partner must sign. Attach duE.'Icate sheets as required.
_ AGENDA REQUEST FORM
CITY OF DANIA BEACH
is
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: MAY 9,2006
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—VARIANCE REQUEST VA-17-06
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
The applicants, Doreen Bartley/Alberto Iriondo, are requesting a variance to allow a
single family home on a 50' wide parcel; code requires lot widths in RD-8000 zoning
districts to be 80'wide. Property located at 307 SW 2 Ave.
S. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
-- -- Staff_Report__ _
Resolution
Comment Sheets
Application
iPublic 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 G. G
FROM: Corinne Church, AICP, Principal Planner CGI
Louis Mercado, Planner L, vtA
SUBJECT: VA-17-06: The applicants, Doreen Bartley/Alberto
Iriondo, are requesting a variance for constructing a
house on a narrower than allowed lot on the property
located at 307 SW 2"d Ave.
VARIANCE
1. To allow a single family home on a 50' wide parcel; code requires lot
widths in RD-8000 zoning districts to be 80' wide.
PROPERTY INFORMATION
ZONING: RD-8000 (Duplex)
LAND USE DESIGNATION: Low Medium (10 units per acre)
The property is generally located in the residential area west of Federal Highway
and south of Stirling Road. This property is located directly south of VA-16-06.
The property owner plans to build a single family home on lots 41 and 42. The
area of these lots combined covers approximately 6,573 Square Feet and is 50'
in width.
VARIANCE
1. To allow construction of a single family home on a lot which is less than
standard width; code requires a minimum lot width of 80'.
The applicant requests to build a single family home on two lots, which combined
measure 50' 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
50' foot wide parcel.
This variance application includes Lots 41 and 42. Adjacent lots 43 and 44 (See
VA-16-06) are the subject of a separate variance application to build a second
single family home. All four lots (41-44) are currently occupied by a single
dilapidated home subject to pending code and unsafe structure actions.
STAFF RECOMMENDATION
At 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
�= -• CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
ROUTING SHEET
PLEASE REVIEW SITE PLAN AND RETURN Id CO EATS IF ANY
Route Date 3/13/2006 PZ Log VA-17-06
Project BARTLEY SFH VARIANCE LOT 41 6 Fold 142-03-26-0200
42
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 ® In4xxi e ❑
Fire Marshal ® Lands' ❑ BSO ❑
Public Services ❑ Planner❑ Other Consultants ❑CGA
Approved as submitted Denied ❑
Comments must address prior ❑ Approved w/conditions ❑
to PZ/Commission hearing
List Conditions
12—
)ignature
Print Name
r' v
�.i
.=u= CITY OF DANIA BEACH
- COMMUNITY DEVELOPMENT DEPARTMENT
�q ROUTING SKEET
PLEASE REVIEW SITE P ®RETUAII� !I'T CQ s!f y
Route Date 3/13/2006 PZ Log VA-17-06
Project BARTLEY SFH VARIANCE LOT 41 & Folio 142-03 26 Q200
42
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 0
Public Services R Planner❑ Other Consultants ❑CGA
Approved as submitte� Denied ❑
Comments must address prior ❑ Approved w/condibons []
to PZ/Commission hearing
List Conditions
C- 3 -2- -
Signawre Date
Print Name
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
ROUTING SHEET
PLEASE REVIEW SITS PLC�D W� A§ If�
Route Date 3/1312006 PZ Log A-17-06
Project BARTLEY SFH VARIANCE LOT 41 & Folio 142'03'26-0200
42
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 Marsha! ❑ Landscape ® BSo 0
Pubtic Services❑ Planner❑ Other Consultants ❑CGA
Approved as submitted Denied❑
Comments must address prior ❑ Approved w/conditions ❑
to PZ/Commission hearing
List Conditions n
+o 6e- >I N 5'tom d J vK
�,.� �•� an.j -k-0 c3.p ly LA, I4-c, Ci-ry coo-C_
Signature Data
yy, CL-eo
Print Name
i
Criteria Statement- Doreen Bartley/Alberto Iriondo
307 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; These 2 remaining lots have a total width of 50' are the remaining lots on the
site.
(b) That the special conditions and circumstances do not result from the actions of the
applicant: The lots were 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' required (approximately 10').
(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.
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, for property located at 303 SW 2"d 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 bulls 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, for property located at 307 SW 2"d Avenue, is requesting a
0 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.
Lou Ann Cunningham
Planning Associate
Notice Date: Friday, April 28, 2006
Refer to the back of this notice for a Location map of the site
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