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repealed to the extent of such conflict.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#