HomeMy WebLinkAboutR-2005-110 Batson Screen Enclosure Variance RESOLUTION NO. 2005-110
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE
VARIANCE REQUEST BY RICHARD AND DIANNE BATSON, PROPERTY
OWNERS, FROM BROWARD COUNTY ZONING CODE ARTICLE XVI
"RESIDENTIAL ZONING DISTRICTS", SECTION 39-275, "GENERAL
PROVISIONS", 5(B) "SWIMMING POOLS", FOR PROPERTY GENERALLY
LOCATED AT 3911 SW 56TH STREET, DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Broward County Zoning Code, Article
XVI"Residential Zoning Districts", Section 39-275,"General Provisions",5(b)"Swimming Pools",
prescribes the setback regulations for swimming pool screen enclosures within the City of Dania
Beach; and
WHEREAS,Richard and Dianne Batson,owners of property located at 3911 SW 561"Street,
have applied for a variance (VA-38-05) from Broward County Zoning Code Article XVI,
"Residential Zoning Districts", Section 39-275, "General'Provisions", 5(b) "Swimming Pools" to
allow a screen enclosure to be setback 1.6 feet from the west and north property lines where 3 feet is
required; and
WHEREAS,the Planning&Zoning Board on July 20,2005,recommended approval of the
variance request 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-38-05, from requirements in the Broward
County Zoning Code Article XVI "Residential Zoning Districts", Section 39-275, "General
Provisions", 5(b) "Swimming Pools", 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repealed to the extent of such conflict.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 August 9, 2005.
ANNE CASTRO
MAYOR-COMMISSIONER
ATTEST: ROLL CALL:
�A&&6r)J_
COMMISSIONER ANTON - ABSENT
COMMISSIONER BERTINO - YES
LOUISE STILSON COMMISSIONER MCELYEA - YES
CITY CLERK VICE MAYOR FLURY - YES
MAYOR CASTRO - YES
APPROVED AS TO FORM AND CORRECTNESS
BY: r , Mr
THOI\ A • J. AN'SBRO
CITY ATE ORNEY
2 RESOLUTION#2005-1 10
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO. a
1. DATE OF COMMISSION MEETING: AUGUST 9, 2005
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—VARIANCE REQUEST VA•38-05
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
The applicant, Richard and Dianne Batson, is requesting a variance to allow a screen enclosure
to be located 1.6 feet from the north and west property lines, 3 feet required.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Resolution
Staff Report
Comment Sheets
Application
Public Hearing Notice/Mailing List
Proposed Site
Survey
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
•
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Submitted by:
Laurence G. Leeds, AICP, Director Date: July 27,2005
Community Development Department
City Manager Date
i
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
DATE: August 9, 2005
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director
Corinne Church, AICP, Principal Planner �.
SUBJECT: VA-38-05: The applicants, Richard and Dianne Batson,
are requesting a variance to allow a screen enclosure to
be located 1.6 feet from the north and west property
lines, 3 feet is required.
LOCATION: 3911 SW 56 Street.
VARIANCE
To allow a screen enclosure to be setback 1.6 feet from the west and
north property lines; 3 feet required.
The subject property was annexed into the City of Dania Beach in 2001. The
zoning is Broward County Single Family (RS-3).
The property owner is proposing to construct a screen enclosure for an existing
pool on top of an existing wall. The wall sits 1.6 feet from the north (rear yard)
and west (side yard) property lines. The Code requires a 3 foot setback for
screen enclosures. The applicant's hardship statement is attached.
PLANNING AND ZONING BOARD
On July 20, 2005 the Planning and Zoning Board recommended approval of the
applicant's request.
STAFF RECOMMENDATION
None. Applicant shall demonstrate hardship to the City Commission.
•
CITY OF DANIA BEACH
• COMMUNITY DEVELOPMENT DEPARTMENT
ROUTING FORM
PLF�4SEtEVIEt�$1TE PL.�.N AND;RET,URN WI7N CQMMEIUTS iFAAl1( „.t
No 1 3 J PZ Log iVA-38-05 —
Route Date — 61201200 j
Project BATSON RESIDENCE SETBACK VARIANCE Folio i5042-31-07-0110
Route Via: Mail PlckUp In-house 0
PEasRl ?i I A�a� MM
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ATl'
w,' Fire Marshal (_J Planner
j] Public Services �J Landscape
• II/Approved as submitted f j Denied
j Comments addressed and resubmitted prior Approved w/conditions
to PZ/City Commission
ListConditions
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i
Signature
Print Name
Date
2S a7C. 5 `1
— CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
ROUTING FORM
No 2L J PZ Log VA-38-05
Route Date ! 6/— 20 5
I
Project iBATSON RESIDENCE SETBACK VARIANCE Folio 5042-31-07-0110
Route Via: Mail El Pickup 0 In-house
A* EO FEpOR 1" S :T �;;, fax. ..
❑ Fire Marshal Planner
Public Services Landscape
Approved as submitted ❑ Denied
Comments must be addressed and Approved w/conditions
yr resubmitted prior to PZICity Commission
ListConditions I —__-----�
I
I
i
I
Signature
Print Name
Date
- CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
ROUTING FORM
No 23 PZ Log IVA-38-08
Route Date 6/20/2005 —
Project BATSON RESIDENCE SETBACK VARIANCE Folio i5042-31-07-0110
Route Via: Mall PlckUp In-house
(] Fire Marshal 7 Planner
❑ Public Services Landscape
Approved as submitted ❑ Denied
Comments addressed and resubmitted prior Approved w/conditions
to PZ/City Commission
LlstCondltlons
Signature
Print Name
Date
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
ROUTING FORM
No !23 PZ Log IVA-3"5
Route Date 6/20/2005
Project iBATSON RESIDENCE SETBACK VARIANCE Folio 5042-31-01-0110
Route Via: Mail PlckUp 7 in-house
(� Fire Marshal 7 Planner
Public Services 7 Landscape
® pproved as submitted ❑ Denied
n Comments addressed and resubmitted prior ❑ Approved w/conditions
to PZ1C1ty Commission
LlstConditions `--
I C I
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Signature
Print Name
Date
City of Dania Seach, Florida
Department of Community Development
Planning and Zoning Division
(954) 924-3645
General Development Application
❑ Assignment of Flex/Reserve Units
❑ Land Use Amendment JUN 17 -2CC5
❑ Plat
❑ Plat Delegation Request
❑ Rezoning Date Rec'd:
❑ Site Plan
❑ Special Exception Petition No.:
❑ Special Request
❑ Traffficway Waiver
❑ Variance i
❑ Vacation Request
❑ 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 J w L/a
Lot(s): Block: Subdivision: 0-12 J� I 0 0
�- S
Recorded Plat Name: f I Tarr ,<.•.;,
Folio Number(s): .5V Legal Cescriptfon: i--o l�<;,��� ,1. �'��• �—
.31
Applican Consultant/Legal Representative(circle one)
Address of Applicant: = ,f
Business Telephone: . 6- A -76'7 ,3 Home: rFax:
Name of Property Owner: Tkelk1jr-2"i r) ;1 L�'
Address of Property Owner: all) 'LS
Business Telephone: 76 Hom(: -y Fax:
Explanation of Request: UQ)�- 1 ,
Crit--ria Stat-.mcnt
i
• We, Richard Like and Dianne L. Batson, residinl, at 3911 South\vest 761h Street, Dania,
Florida 3331 2, request a vac lance to the enforcement of the provisions rewarding, the 5
foot screen enclosure setback rule. Special conditions and circumstances exist that does
not leave us the necessary five feet i'rom the lot line to the ed,';c of our pool to erect the
screen enclosure. There is, however, a legally permitted 6 foot ,.all within that area that
we would like to use as a base for the screen enclosure in the necessary locations. The
attached materials flow the exact location of the pool and w:.ill as well as the
documentation proving \vhen they were legally allowed .and permitted.
We are asking for this v°ariance due to the hardship that not allowing us to build a screen
enclosure will continue to cause us. As shown on the attached photos, our pool is
surrounded by beautiful oak trees. While we have protected and respected these stately
trees since we moved into our home twenty years a(,o, the trees drop their leaves twice a
year(for a total of about six months of heavy pool cleaning). Since our pool was built
fifteen years ago, my husband and children have spent many, many hours trying to keep
these leaves out of the pool, which sometimes takes up to four times a day or more. 1Ve
have gone throeh several pool pumps, pool filters, leaf catchers, pool vacuum systems,
clogged lines etc. :also, we have never been able to have a pool service that could keep
up with our leaf problem. Our last child is goino, off to college this summer and the sole
responsibility will fall on my husband \vho still works full time.
As we are -ro\vinao!der, this has become a burden chat we just can not keep up with.
We hope that you recognize our dire need for the screen enclosure and our dilemma in
trying to solve the five toot set back il.le. We feel that 0LI1- solution to conle or the
;xisting \;ill names file most l'.a.oil ble uc:e Uf cur ,'xist1:1 and :dill be in.
harmony with the -eneral intent of this provision. 'Phis will also allow us the ri`sht to put
in a screen enclosure Vvhich %Vould not dcpirive us Of the i i�ht coninionly enjoyed by uth r
propertil2s in Our rcinih, :Irca.
® NOTICE OF
PUBLIC HEARING
CITY OF DANIA BEACH
VA-38-05 ` 1
NOTICE IS HEREBY GIVEN SUY1 v`+I V
that a public hearing will
be held before the City
Commission on Tuesday.
August 9, 2005 at 7:00 p. I aC1 S
m., or as soon thereafter
,is possible, in the City
Commission Room, Ad-
ministrative Center, 100
West Dania Beach Blvd.,
Dania Beach, rlorida
33004,for the purpose of
hearing any comments
which might be made to
the following requests:
VA-38-05 - Applicants:
Richard and Dianne Bat
son,are requesting a vari-
ance for propertylocated
at 3011 5W 56th Street,
Dania Beach, to allow a
screen enclosure to be
setback 1.6 feet from the
west and north property
,lines where 3 feet is re-
quired. (Broward County
,Zoning Code, Article XVI.:
Residential Zoning Dis-
tricts,Sec.39-275.Gener-:
jai Provisions, 5(b) Swim•;
ming Pools)
Legal Description: Lot'
21, "Oakdale Section
Two' According t0 the.
Plat Thereof as recorded-
in Plat Book 95,Page 31 of
The Public Records of Bro-
ward County,Florida.
Copies of the proposed,
petition are avadable.fou
viewing in the Community
'Development Depart-
Iment, 100 West Dania
(Beach Blvd.,Dania Beach,
Florida between the hours
of 8:00 a.m.a nd 4:00 p.m.,
Monday-Friday.Interest-
ed parties may appear at
the public hearing and be
heard with respect to the
proposed petition.
In accordance with the
Americans With' Disabili-
ties Act,persons needing
;assistance to participate
in any of these proceed-
ings 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 de
cides to appeal,any deci
;iol1 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 en-
sure that a verbatim
record of the proceedings
is made,which record in-
cludes the testimony and
evidence upon which the
appeal is to based.
Lou Ann Cunningham
Planning Associate
July 29,2005
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
VA-38-05
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on
Tuesday, August 9, 2005 at 7:00 p.m., or as soon thereafter as possible, in the 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 requests:
VA-38-05 - Applicants Richard and Dianne Batson, are requesting a variance for property located at
3911 SW 561h Street, Dania Beach, to allow a screen enclosure to be setback 1.6 feet from the west and
north property lines where 3 feet is required. (Broward County Zoning Code, Article XVI. Residential
Zoning Districts, Sec. 39-275. General Provisions, 5(b) Swimming Pools)
Legal Description: Lot 21, "Oakdale Section Two" According to the Plat Thereof as recorded in Plat
Book 95, Page 31 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, July 29, 2005
Refer to the back of this notice for a Location map of the site
Batson
V A-38-05
LOCATION:
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FRONT VIEW OF
SUBJECT PROPERTY AT:
3911 SW 56 STREET
FORT LAUDERDALE, FL. 333
Appraised: JULY 23, 1993
Appraised Value: $260,000
'A.
REAR VIEW Or
SUBJECT PROPERTY
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