HomeMy WebLinkAboutR-2006-096 Michele Berg Boat Lift Variance RESOLUTION NO. 2006-096
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING
THE VARIANCE REQUEST SUBMITTED BY MICHELE BERG,PERTAINING
TO THE ZONING APPENDIX TO THE CITY CODE OF ORDINANCES,
SECTION 33-40 (12)(A), "REGULATION AND USE OF WATERWAYS AND
FACILITIES", FOR PROPERTY LOCATED AT 986 NAUTILUS ISLE, DANIA
BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,the Zoning Appendix to the City of Dania Beach Code of Ordinances, Section
33-40(12)(a)"Regulation and use of Waterways and Facilities related thereto",regulates the use and
construction of facilities on or adjacent to waterways in the City of Dania Beach; and
WHEREAS, Michele Berg has applied for a variance (VA-28-06) to allow for the
installation of a boat lift which extends 12' into the adjacent waterway (The City of Dania Beach
Zoning Code, Appendix Article II, Sec. 33-40 provides that boat slips and docks are allowed to
extend no more than 10%of the waterway width,or in this case 5 feet);the property is located at 986
Nautilus Isle, Dania Beach; and
WHEREAS, the Planning & Zoning Board on May 17, 2006, recommended that the City
Commission grant.variance request VA-28-06, 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-28-06, for a variance as described above from
requirements in the Zoning Appendix of the City of Dania Beach Code of Ordinances,Section 33-40
"Regulation and use of Waterways and Facilities related thereto", a copy of which is attached 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repealed to the extent of such conflict.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 June 13, 2006.
PATRICIA FLURY
MAYOR-COMMISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
. APPROVED AS TO FORM AND CORRECTNESS
BY:
THdMA/� J. SBRO
CITY ATTORNEY
2 RESOLUTION #2006-096
f -
----= City of Dania Beach, Florida
Department of Community Developrnent
Planning and Zoning Division
(954)924-3645
General Development Application
❑ Assignment of Flex/Reserve Units
❑ Land Use Amendment
❑ Plat
❑ Plat Delegation Request
❑ Rezoning Date Rec'd:
❑ Site Plan❑ �A , D/Special Exception � Petition:No.: 6,
❑ Special Request
❑ Trafficway Waiver
❑ -Variance .: _ _ ._
❑ Vacation Request
❑ Other:
THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBPIITTED 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 CiTty's Building Department.
•4 Location Address: 9 S U NOIU 11(uS S le UA-t"11Q FL 33
Lot(s): b Block: T Subdivision: S►1G�'�Gf✓ lSI04-vkS
Recorded Plat Name: Jhelter L43 to e W 4-0
Folio Number(s),:. DOI33- IK- 04pcp Legal Description: LVf LID S►c1e't 13ICndS ccrd;-N3
S ne I-kGr ►S1ci.�tS l
of :a5 recvrAcd rN PIc .V boot 4 fie Co y 3-(o B L'� W 0 /
Cpprica)nConsultant/Legal Representative (circle one)
Address of Applicant: 6t&P
Business Telephone:�-713- IOJD Home: aSU"'t -18se- Fax:
Name of Property Owner:
Address of Property Owner: �i�ln �Qu-�i IuS f S Le 17c.ni u FL 39ccy-{
Business Telephone:71,;-I Home: QSq-q�-78Sg Fax:
Explanation of Request: -)C-1 -IV bYAQe bta-'} (,T+ l ni-ACA lei.
Prop. Net Acreage: Gross Acreage: • 1L4 Prop. Square Footage: Jolimp
. Existing Use: tole- Proposed Use: �'} S-fa>c•c�,e.
Is property owned individually, by a corporation, or a joint venture? i law0k,
I understand that site plan approval automatically expires within 12 months of City
Commission approval, pursuant to Ordinance No. 2005-040.
Applicant/Own r signature Print Name Date
APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to and subscribed before me A�ppficat/Consultant/Representative:
This day of Feb 20
Signature:
Date:
�t �� �-1► chcl� �cr
ign Name of Nota Public (Print Name)
State of
cJ( fir/� 9'�I c u r) J VC0 4au-wu s (Sir l�CnjCL F�- 33tx�
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires: J/ / qSq — G off" &5 3
a Telephone No. & Fax No.
Pay p`B SUSAN M. LICARI
Notary Public -State of Florida
_MyCanmissionE resrVcy11,2007
Ye= Commission# DD19734G-
INDIVIDUAL OWNER NOTARIZED SIGNATURE:
This is to ce t I am the fee simple owner of subject lands descried above and that I have
authorized"(Applica Consultant/Representative) 14i4 K 6C.ro, ( 1F� to
make and aforesaid application.
Sworn to and subscribed before me Owner: I
This cZ 0 day of FCJo 20 DL*
Signature:
Lr:
Date:Sign Name of ota ut (Print Name)
State of
Z. i G�(� NQ�filus ISIe Fu 33ocq
Print Name of Notary Street/IAddress, City, State and Zip Code
Commission Expires: S/A/V �15` — I
Seal: Telephone No. & Fax No.
�Y go
SUSAN M. LICARI
`� Notary Public •,Stale of Florido
a"^=N1yCcxnmissionE�a�,t,!r� 11.2Cu7
qt.
Commission /' DD197346
Bonded 6y1V��tion<i1 PJoi.nv nssi,
4/13/06
City of Dania Beach
Department of Community Development
Planning and Development
Michele Berg
986 Nautilus Isle
Dania Beach, FL 33004
Reference: Boatlift
To Whom It May Concern:
My name is Michele Berg, I reside at 986 Nautilus Isle. The reason for this letter is I am
requesting a variance to have a boatlift built at my home. There are several factors that
have led me to this decision. This past summer my boat nearly sank, about two-thirds of
the boat went under water and resulted in over$55,000.00 in damages. The boat would
have been a total loss had my neighbors not rescued it.
Having a boatlift would ensure the security of my boat and furthermore provide added
security in the event of a hurricane. In addition, it would allow the boat to be stored over
and along the seawall as opposed to extending further into the canal, a benefit to the City
of Dania, other residents, and myself as well. Currently, if stored dockside, the boat
would extend more than five feet further into the canal then it would on a boatlift, five-
foot dock plus fenders.
I feel my request is within the guidelines set forth in the variance criteria and I will
follow all guidelines, codes and compliances set forth by the City of Dania. There are
currently numerous lifts in the neighborhood, so I hope an approval will be forthcoming.
This boatlift will allow me to fully utilize the location of my home, my boat and the
canal.
I have notified my neighbors regarding the improvements I hope to make to my home
and have enclosed a written statement signed by all immediate neighbors stating their
approval. I thank you in advance for your help in this matter. Should you have any
questions, please feel free to contact me at the numbers listed below.
Sincerely,
Michele Berg
954-816-1565 Cellular
• 954-925-7858 Home
CITY OF DANIA BEACH Agenda Item#
Agenda Request Database
Date of Commission Meeting: 6/13/2006
Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑
Award Bid /RFP ❑ Presentation ❑ Continued from:
¢ r '� r s a
ReICJCl85t$Cl ACttOn (Identify appropnafe ACtiOTt Or Moon) yry
....,,.=�.�:�:�aer�
VA-28-06: The applicant, Michele Berg is requesting a variance for the installation of a boat lift located at 986 Nautilus
Isle Dania Beach, Florida.
_� � z
nth Action is Necessary �Ef
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VVhatrAc#ran Accomplishes `5 F
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Dept: Acct#: Amt:
Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑
Summary Irxplanation/Background �, 7
RESOLUTION NO. 2006-096 -A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE
VARIANCE REQUEST SUBMITTED BY MICHELE BERG, PERTAINING TO THE ZONING APPENDIX TO THE CITY
CODE OF ORDINANCES, SECTION 33-40 (12)(A), "REGULATION AND USE OF WATERWAYS AND FACILITIES",
FOR PROPERTY LOCATED AT 986 NAUTILUS ISLE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Fascai tmpactlCost Sutnmaryk v. h a *4 AUP`
klin
Exh�bits�Aftachedr �i , �. ��� s
x�,�...,.. ..r... .�k, ._.. ,.,,... . .....Mxa.,..,.; , ' ,3v,,.,,t�.r�>:aa §;kw..,a£.� .�,,;., .�..a. 5..
RESOLUTION (EXHIBIT 1)
STAFF REPORT
AFFIDAVITS FROM NEIGHBORS
ROUTING SHEETS
APPLICATION/JUSTIFICATION STATEMENT
HEARING NOTICE/ LOCATION MAP (EXHIBIT 2)
PLAN
SITE PLANS
Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8
OR
Submitted by
Larry Leeds Date
Department Director
Larry Leeds Date
HR Director
Date
Finance Director
Date
City Attorney
Date
City Mana-ge
Date
12
City Clsrk Use` �� �� �� � �
Commission Action:
Approved: Denied: ❑ Continued to: ❑
f
I
CITY OF DANIA BEACH
E COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
F DATE: June 13, 2006
TO: Ivan Pato, City Manager
VIA: Laurence Leeds, AICP, Director
FROM: Corinne Lajoie, AICP, Principal Planner
Louis Mercado, Planner
SUBJECT: VA-28-06: The applicant, Michele Berg is requesting a
variance for the installation of a boat lift located at 986
Nautilus Isle.
VARIANCE
To allow the installation of a boat lift which extends 12' into the
waterway; code allows no more than 10% of the waterway width,
or 5' in this case.
PROPERTY INFORMATION
ZONING: Single Family (RS-6000)
LAND USE DESIGNATION: Low Residential (L-5)
• The property is generally located in Melaleuca Gardens, directly south of the Ft.
Lauderdale Hollywood International Airport and is bounded by Griffin Road on the north
and the Dania Cut-off canal on the south.
The property owner wishes to install a boat lift at the rear of the property that abuts the
southern edge of the Tarpon Waterway which measures 50' in width.
VARIANCE
To allow the installation of a boat lift which extends 12' into the waterway; code allows
no more than 10% of the waterway width. Five feet would be the maximum in this case.
The applicant requests to install a boat lift at the rear of the property where it abuts the
Tarpon Waterway. The structure is to be located at the rear and east side of the lot. The
boat lift will be installed at the outer edge of the seawall cap extending 12' into the 50'
waterway. The edge of the Tarpon Waterway begins precisely where the seawall cap
and water meet.
PLANNING AND ZONING BOARD RECOMMENDATION
On May 17, 2006 the Planning and Zoning Board approved the variance request.
LU CC/LM
i
To Whom It May Concern:
This letter is to certify that I have spoken to Michele Berg regarding her planned
improvements for her home at 986 Nautilus Isle. She has explained her intentions to
rebuild her seawall, replace her existing dock and move it to the west end of her property,
and to have a boatlift built on the east end of her property. I have no objections to her
planned improvements.
Address
( �S
Signature r'
ugL
Printed Name
To Whom It May Concern:
This letter is to certify that I have spoken to Michele Berg regarding her planned
improvements for her home at 986 Nautilus Isle. She has explained her intentions to
rebuild her seawall, replace her existing dock and move it to the west end of her property,
and to have a boatlift built on the east end of her property. I have no objections to her
planned improvements.
Address
1
Signature _
�-, FKN
Printed Name
�M'
To Whom It May Concern:
• This letter is to certify that I have spoken to Michele Berg regarding her planned
improvements for her home at 986 Nautilus Isle. She has explained her intentions to
rebuild her seawall, replace her existing dock and move it to the west end of her property,
and to have a boatlift built on the east end of her property. I have no objections to her
planned i ments.
Address RR � J UAS UCIE
na re DfVXN �fts I)W
g�a2o-�� i
Printed Name
` r
To Whom It May Concern:
10
This letter is to certifythat I have spoken to Michele Berg regarding her planned
P g g g
improvements for her home at 986 Nautilus Isle. She has explained her intentions to
rebuild her seawall, replace her existing dock and move it to the west end of her property,
and to have a boatlift built on the east end of her property. I have no objections to her
planned improvements.
Address 13 2� h1vJ 10 $,`r,
Signature
�,
Printed Name
j
To Whom It May Concern:
This letter is to certify that I have spoken to Michele Berg regarding her planned
improvements for her home at 986 Nautilus Isle. She has explained her intentions to
rebuild her seawall, replace her existing dock and move it to the west end of her property,
and to have a boatlift built on the east end of her property. I have no objections to her
planned improvements.
Address 33 N�"' 16 �` l
nature
Printed Name
i
To Whom It May Concern:
This letter is to certify that I have spoken to Michele Berg regarding her planned
improvements for her home at 986 Nautilus Isle. She has explained her intentions to
rebuild her seawall, replace her existing dock and move it to the west end of her property,
and to have a boatlift built on the east end of her property. I have no objections to her
planned improvements.
�-
Address 1
QSigreL-a 1�`
pt Q&_ R A
Lee-, LO ear �Zco !(
Printed Name
i
To Whom It May Concern:
This letter is to certify that I have spoken to Michele Berg regarding her planned
improvements for her home at 986 Nautilus Isle. She has explained her intentions to
rebuild her seawall, replace her existing dock and move it to the west end of her property,
and to have a boatlift built on the east end of her property. I have no objections to her
planned improvements.
Address ?7,f&Wy7"11—tJ-C 'zasa—
Signature
�-z" 1
Printed Name
F�/76 6PI/
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
ROUTING SHEET
Route Date 5/1/2006 PZ Log VA-28-06
Project FMICHELE BERG BOATLIFT �i Folio 5042-33-18-0400 �II
I
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 S/1
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
NA
Signature Date
Print Name
— — X- --- - - - - -- - - - -- - - - -- - - -- - — X- -- ---
= CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTR
ROUTING SHEET
r r
Route Date 5 0/ 2l1 2/1 06 PZ Log
Project MICHELE BERG BOATLIFT Folio �50
PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INC
COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLAI
BOARD AND CITY COMMISSION.THANK YOU.
Route Via: Mail ❑ Pick Up ❑
Fire Marshal Landscape ❑
Public Services ❑ Planner❑ O
Approved as submitted Ij Denied ❑
Comments must address prior ❑` Approved w/conditions ❑
to PZ/Commission hearing
List Conditions
ignature Date
Print Name
= CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
ROUTING SHEET
Route Date 5/1/2006 PZ Log VA 28-06
Project IMICHELE BERG BOATLIFT � Folio 504�-0400
-]
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 0 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
Kb Zo Hie,Jl-i I
Signature Date
b U to ( r%
Print Name
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
VA-28-06
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on
Tuesday, June 13, 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:
Applicant/Owner: Michele Berg
Location: 986 Nautilus Isle, Dania Beach
VA-28-06 - To allow the installation of a boat lift which extends 12' into the waterway; (The City
of Dania Beach Zoning Code, Appendix Article II, Sec. 33-40 Boat slips and docks are allowed
to extend no more than 10% of the waterway width, or in this case 5 feet.)
Legally described as: Lot 40 Shelter Islands, According to the plat thereof, as recorded in plat
book 43 page 6 of the public records of Broward County, Florida. Said lands lying and being
in the city of Dania 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, June 2, 2006
•
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LEGAL DESCRIPTION:
LOT 40, SHELTER ISLANDS, ACCORDING TO THE PLAT THEREOF,�
IN' PLAT BOOK 4:3, PAGE 6, OF THE PUBLIC RECORDS OF BROW,
SAID LANDS LYING AND BEING IN THE CITY OF DANIA, BROIVAR
PROPERTY ADDRESS: 986 NA 7 I'ILUS ISLE, BANIA
IVO 0 D
20.89' /—DECK
FND NAIL
N IN CONC
6041 HEAD',VALL
0.07 N
SUR\'EY NOTES: F.C.
'CONC S
1. LANDS SHOIVN HEREON WERE NOT ABSTRACTED BY THE SUR%'EYORIVALL "-4' IV F
O/L
2. THIS SKETCH REFLECTS ALL EASEMENTS AND RIGHTS OF WAY AS
3. SEE OTHER SIDE FOR LEGEND.
4. UNDERGROUND PHYSICAL USES AND/OR FOUNDATIONS NOT LOCAT
4' CLF
5. ANGLES HEREON REFER TO RECORD PLAT, "I M/DECK
AND ARE BASED ON THE CENTERLINE OF NAUTILUS ISLE �X/
OPEN
6. ELEVATIONS SHOIVNI HEREON (IF APPLICABLE) REFER TO N.G.N7.D.
ARE BASED ON BENCH MARKS PROVIDED BY OTHERS.
F.C.
BM = MH 0- C/L OF -\IV 14th AVENUE AND NAUTUIS ISLE; ELEV C
(OPEN) O.I WE
7. THIS BOUNDARY SUR\EY IS NOT VALIDWITHOUT THE SIGNATURE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND
8. LEGAL DESCRIPTION PROVIDED BY HOUSTON & SHAHADY, P.A. -7.40,
9. OWNERSHIP OF FENCES ARE UNKNOWN. X
10. LOWEST FLOOR ELEV. REPRESENTS FINISHED FLOOR ELE\7. C4 FRO ONE S T Y
D
s RI-1 s
CERTIFY TO: F. BARRY BERG AND KAREN" BERG =986 0
NATIONBANC MORTGAGE CORPORATION, ITS SUCCESSORS 0
AND/OR ASSIGNS, AS THEIR INTERESTS MAY APPEAR.
HOUSTON & SHAHADY, P.A.
ATTOPNEY'S TITLE INSURANCE FUND, INC.
CERTIFICATE:
I HEREBY CERTIFY THAT THE BOUNDARY SURVEY HEREON IS TRUE',
-7.40,
AND BELIEF AS SURVlYED UNDER MY DIRECTION ON AUGus'r I,) I",
' ' \�� ROOF IILT
MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN RULE I Oil
OF LAND SURVEYORS, PURSUANT TO FLORIDA STATUTE 427.027. TH
OTHER THAN SHOWN HEREON.
REVISION NOTES:
60.00
- NO I.D.
\SPH
N
)0.00' RIIV FXD
FIRM ZONEPASE FLOOD ELEN-.1DIAGRAM # LOWEST FLOOR 20.00' ASP-1 NAIL
AE 7.0 1 9.16 NO I.D.
:' 1_011 _'ST \DJ GRADE EI,E\T. CROW-N I OF ROAD
I
H.i ?.914
COM"'I'MT), NO. PANEL XO.j .SI_FFl\ DATE OF
_'N' I
cl:i 01'6 . I
1992 D