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HomeMy WebLinkAboutR-2006-174 Bartley VA-51-05 Extension . RESOLUTION NO. 2006-174 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING THE REQUEST BY JOHN AND DOREEN BARTLEY FOR AN EXTENSION OF VARIANCE VA-51-05, APPROVED ON NOVEMBER 8, 2005, BY RESOLUTION 2005-167,WHICH WILL OTHERWISE EXPIRE ON NOVEMBER 8,2006 PERTAINING TO PROPERTY GENERALLY LOCATED AT 250 SW 4Tx STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,on November 8,2005,the City Commission approved variance request VA-51- 05, made by John and Doreen Bartley, to allow construction of a single family home: 1) on a 47 foot wide lot, where a minimum of 60 feet is required; 2) allowing a 5.5 foot side setback where 7 feet is required; for property located at 250 SW 4th Street, by Resolution 2005-167, which will expire on November 8, 2006; and WHEREAS,John and Doreen Bartley are requesting an extension of the variance approval until November 8, 2007; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the request to extend the expiration date of the approval of the variance,until November 8, 2007 is approved. Section 2. That such approval is subject to the conditions previously approved by the City Commission. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. • PASSED AND ADOPTED on October 10, 2006. t---�,zi—�— PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FO A CORRECTNESS: BY: '1171 IA THOMAS . ' N BkO CITY ATTORNEY 2 RESOLUTION#2006-174 10"- - CITY OF DANIA BEACH Agenda Item # Agenda Request Database Date of Commission Meeting: 10/10/2006 Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: $ 9 � J' RESOLUTION NO.2006-174-A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST BY JOHN AND DOREEN BARTLEY FOR AN EXTENSION OF VARIANCE VA-51-05,APPROVED ON NOVEMBER 8,2005,BY RESOLUTION 2005-167,WHICH WILL OTHERWISE EXPIRE ON NOVEMBER 8,2006 PERTAINING TO PROPERTY GENERALLY LOCATED AT 250 SW 4TH STREET,DANIA BEACH;PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. tiatAction�'i�►ccanr�llpllushes, ������ �; � ;��:���.g",'� '� � �;�: � :.r�' �. l�� � e�. ^^ *n t 7 Purchasing Requests OVLIf � �:a v 3 E y b .....N,.tiaa xv..awx.....-:..a,,...�_�s�...�.,is..��!...mswc,:.aa.:�w..i.�.N�s�.ab;�.�.,<..................< .:,.o.u...Rw�u..>8..:a��sd,Cba.xs.;a..e:e.b...,y,e+tavz.v.,a,.w»ss:+.a*!.c...va�aaara:,,.wa«*rs�w 'Cw�k..,�n.-ea.-Su��4,�arowrF�«.�»,.,.,."aH..,�,A.aef.s':. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary ExplanatlloNBackground VA-51-05: The applicant John Bartley, on behalf of the owner Doreen Bartley, is requesting an extension to a previously granted variance to reduce the side setback and minimum lot size for a single family house at 250 SW 4 Street. �f s r y4: s fl�yY vr.-v:r4 4 1VY ^? ,�„ &'T+.P'P� 75 r% S°',>.7'" 3 14'f..iY s � Y ,✓sl Fiscal lmpC OSt SUt71rys. � { Ekhtliff Resolution Staff Report Application Location Map Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 SJw- •A��tf[Ql�,��,e�,, �I��.�cc�a i'�'' r3,,a a,- fl is , Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date CityCler`k tlse Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ • CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: October 10, 2005 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director FROM: Corinne Lajoie, AICP, Principal Planner SUBJECT: VA-51-05: The applicant John Bartley, on behalf of the owner Doreen Bartley, is requesting an extension to a previously granted variance to reduce the side setback and minimum lot size for a single family house at 250 SW 4 Street. On November 8, 2005 the City Commission approved lot width and side yard setback variances for 250 SW 4th Street. The applicant is requesting a one year extension of the variance approval until 11-8-07. The applicant proposes constructing an 1800 sq. ft. (excluding garage) four bedroom house on 47' x 140' lot (6,580 sq. ft.). The home includes 2 outdoor parking spaces and a 1.5 car • garage. The proposed residence will provide parking and pervious area as required by code. However, the Public Services Consultant has requested the applicant to provide location of all drainage features and retention areas and to provide storm water management computations. 1. Variance to allow the construction of a single family home on a 47' wide lot; code required a minimum 60' lot. Staff originally recommended approval of this variance. The subject property is a vacant lot, 47' wide. There is no vacant land to the east or west of the property that can be combined with the subject property to create a larger, conforming lot. 2. To allow a 5.5' side setback; code requires a 7' setback. Staff originally recommended denial of this variance as the minimum recommended side yard setback for single family homes is 7 feet. The proposed 5.5' side yard setback is appropriate only for zero lot line homes in planned unit developments. CITY COMMISSION PREVIOUS ACTION On November 8, 2005 the City Commission approved the requested variances. STAFF RECOMMENDATION At the discretion of the City Commission. City of Dania Beach, Florida Department of Comm al nmant • Planning a General Development Application ❑ Administrative variance AUG 14 1006 ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment Planning ❑ Plat Department ❑ Plat Delegation Request ❑ Rezoning Date Rec'd: ❑ Site Plan ❑ Special Exception Petition No.: ❑ Special Request ❑ Trafficway Waiver ❑ Variance ❑ Vacation Request �L Other: \f L-k,(-Z ckn a n5►�� :,2 0 o.S�-l �, —7 THIS APPLICATION WILL NOT BE 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 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: -4 5-0 Sig 14-"' -Z�1 Lot(s): Block: (0 Subdivision: 06knL-t /-ffl,(i�4 s Recorded Plat Name: tJ(,(,')LC4 �( - Folio Number(s): Legal Description: Applicant/Consultant/Legal Representative (circle one) Address of Applicant: �, � �� ,� Ave, Business Teleph ne �"1,� 7 0?4'� Home: '5) 21 `"H a"19 7 Fax: L7 Name of Property Owner: Yt'fn ct o'-�te Address of Property Owner: col l'-e_ Business Telephone: 6 ,Z -G ?Ct, Home: 4W a f'a13 Fax: ) 7 �5� J Explanation of Request: ! k G1 �G -y— 1,-71k<61 d 4�7`wc� Prop. Net Acreage: Gross Acreage: Prop. Square Footage: • Existing Use: V 6 /` Proposed Use: S F YL Is property owned individually, by a corporation, or a joint venture? I AJ l Vi((L.0 I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005-040. Print Name Date Applicant/Owner signature APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This 1_day of SQ2i 20_�$0 Signature: Date:t--"/ Lf- , i m ef Nota Public (Print Name) St of( 1u�� ) a- 2�)i Scam. W Ave P nt l4ame of Nbliry Street Address, City, State and Zip Code Commission,.F, ,� -l�"►-�tZ7-U�Gj'� 1 �27'���u Seal: r�aa�Comm on DD Telephone No. &Fax No. Expires Jane 2. 2007 Bonded Thm • ����fi���� L*1s;1;1C RCid121�('q InC. 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/ConsultanVRepresentative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This _day of f 20-6 ' Signature: qu Date: k Sig me of Notary blic (Print Name) State o Tic ) Ll Print Name of Notary Street Address, City, State and Zip Code / Commissiop�'1'z�iit!esl�;�e-��ccet �:��ro,�� ��� C�27r U7� C1� G1Z7/p'� Seal: 'i0� 72 ss Telephone No. & Fax No. 7, 2W? • • RESOLUTION NO. 2005-167 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY PROPERTY OWNER DOREEN BARTLEY, FROM CHAPTER 28, "ZONING", ARTICLE 4, "DISTRICT REGULATIONS","SCHEDULE OF LOT,YARD AND BULK REGULATIONS", FOR VACANT PROPERTY LOCATED AT 250 SW 4 STREET,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 owner Doreen Bartley has applied for a variance(VA-51-05)to allow for the construction of a single family home: 1) on a 47 foot wide lot where a minimum of 60 feet is required; 2) allowing a 5.5 foot side setback where 7 feet is required; ® the subject property is located at 250 SW 41h Street, Dania Beach; and WHEREAS,the Planning& Zoning Board on September 29, 2005, recommended that the City Commission grant variance request VA-51-05,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-51-05, 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 November 8, 2005. ANNECASTRO MAYOR-COMMISSIONER ATTEST: ROLL CALL: �� '��,�.�?-0 1 COMMISSIONER ANTON - YES tro COMMISSIONER BERTINO - YES LOUISE STILSON COMMISSIONER MCELYEA - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED AS TO F RM ND CORRECTNESS BY: ` -�- / THO AS J. ANS R CITY AT RNEY • 2 RESOLUTION #2005-167 -4�4 City of Dania Beach® Florida Department of Community Development • Planning and Zoning Division General Development Application (954) 924-3645 0 Assignment of Flex/Reserve Units AUG 18 2005 0 Land Use Amendment 0 Plat 0 Plat Delegation Request 0 Rezoning Date Reo'd: 0 Site Plan A 0 Spedall Exception Petition No.: 0 Spedal Request 0 Traffolcway Waiver cos� I Varlance 0 Vacation Request 0 Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBNrMD 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: .I s-o S,ti! �A ,,.S y. Lot(s): /3 Block: 1— Subdivision: —#AZT LIE Recorded Plat Name: Folio Number(s): Legal Description: Applican onsultant/Legal Representative(circle one) Address of Applicant: Z S1_= x ,Ise vr+� Business Telephone: 91.7-o.�1 7 J Home: f`y Y-/d 7 3 Fax: ' Name of Property Owner: 10o4 f_ S y Any Address of Property Owner: to/ Business Telephone: Home: Fax: Explanation of Request: •3- ,/0.� T7, Lod Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Existing Use: • Proposed Use: Is property owned Individually, by a corporation, or a joint venture? / APPLICANY, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This 11 day of A 20 6) Signature: Date:_ lr" S a e Nota ubik (Print Name) Sta ( ) Print ame AfNot;Vry ��� —`S ~�°'� �'� /c/, j1,0 Street Address, city, State and Zip Code Comm Jaye-Bridget eva Seal: ,: _ _ aPiM Jane 2. 2M Bonded Thm Telephone No. &Fax No • c 9c=G_gGa. �. • 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 (Appl►cant/ConsubnURepresentative) �,6•„ ,AP ,X make and file the aforesaid application. to Sworn to and subscribed before me pruner: This t r day of�y_l _ 20_�� Signature: ' Date: gn,Name o Nota ublIc S to of( rl or 14 ) (Print Name) print �me PNoAddress,StreetAddress, CitY,.State and Zip Code/ 31 " 9 Bergeron • e% Juya•tir°ir, et • Commissiop' �S`� — 9'..Z ]•-O� Seal: c`c Esp M Jnu Z. am Teleph Bonded Thrn one No. &Fax No. Criteria Statement- Doreen Bartley 250 SW 4'" Street, 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: All of the other lots on the street have 50' of width, Lot 13 only has 47' of width (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 Dania Heights 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 lot across the street (directly to the south)(lot 14,block 5) also has 47' of width and a home has been constructed on it. (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 and not a duplex. (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 5'6" setback instead of the required T for a single family residence. We feel that 1'6"is very minimal. (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. S E P - 6 2CC5 1 LOCATION: N S1N3Rf3-P C� This � Site /� SW 4TH ST � - 7 6 / DESCRIPTION LOT 13, BLOCK G. "DANIA HEIGHTS", ACCORDING TO PLAT THEREOF A5 RECORDED IN PLAT BOOK 3, PAGE 22, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. NOTES 1) THE LAND DE5CRIPTION 5HOWN HEREON WA5 PROVIDED BY THE CLIENT.EA5EMENT5 AND RICHT5-OF-WAY PER RECORD PLAT HAVE BEEN 5HOWN HEREON.NO FURTHER 5EARCH FOR MATTERS OF RECORD HA_` BEEN MADE BY TH15 FIRM. 2) TH15 5URVEY 15 PREPARED FOR THE SOLE AND EXCLU51VE U5E OF THE PARTIE5 A5 5URVEYED FOR AND A5 CERTIFIED TO AND 5HALL NOT BE RELIED UPON BY ANY OTHER ENTITY OR INDIVIDUAL. 3) ELEVATION5 5HOWN HEREON ARE BA5ED ON NATIONAL GEODETIC VERTICAL DATUM OF 192°�. 4) BROWARD COUNTY ENGINEERING DIV15ION BENCHMARK-N 1132-ELEVATION-10.910 5) NORTH ARROW RELATIVE TO A55UMED EAST ALONG THE CENTERLINE OF 5.W.4TH 5TREET. MODELO PARK (PB. 14,PG. 10 B.C.R.) ALLEY PER FLAT(NOT CONSTRUCTED) 47J"iRON .20' (FIELD) � y PIPE FOUND IN CONCRETE ysv 47.00' (PLAT) 'o'\• OUN PIPE 0. CHAIN LINK FENCE lOT 4 LOT 13 LOT 12 I WOOD��I FENCE FEMA FLOOD INSURANCE RATE MAP OF:DANIA BEACH,FLORIDA COMMUNITY PANEI SUFFIX ZONE y� NO. NO. Ltd 120034 0309 F X �0 FIRM BA5E LOWE5T LOWE5 DATE ELEV. 1 FLR.ELEV GRADE o°C #1 10-02-97 WA WA WA ZN IQ +\ / CHAIN LINK-----*' FENCE Lu D Z w AUG 18 Q 0 P.V.C.f z FENCE N 47.00' (PLAT * FIELD) Goa 4'CONCRETE WALK FOUND} 5ET ON IRON PIPE ROD/CAP#4054 n b w EDGE OF PAVEMENT I NAIL-BENCHMARK5YV. 4TH STREET NAIL-BENCHMARK LEVATION=13.10 ELEVATION=12.91 `L, 11 JIB STEPHF7T'H.GIBB,FOR THE FIRM PROFESSIONAL SURVEYOR t MAPPER FLORIDA REGISTRATION NO.4054 REVISION DATE BY GIBBS LAND SURVEYORS SKETCH OF BOUNDARY SURVEY 21)1 HOLLYWOOD BOULEVARD,SUITE 204 HOB/:It 6 T.—AT 01-0I-07 HOLLYWOOD,FL 33020(9341923-7666 SCALE:Itip FILE r+o.: LICENSED BUSINESS NO.701! DMWN BY.SHO CHEl 1iED Bl':SHG vim tit TNF sup+ �r�rocMx:n..t ern sut t16 euw YD Ri�V 'i��'m NnRf#