HomeMy WebLinkAboutR-2005-111 Magnier Shed-Awning Variance RESOLUTION NO. 2005 -111
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE
VARIANCE REQUEST BY MICHAEL MAGNIER,FROM BROWARD COUNTY
ZONING CODE,"SINGLE FAMILY(R-1 C)", SECTION 39-583,"SIDE YARDS"
AND SECTION 39-583 (A) "YARD ENCROACHMENTS", FOR PROPERTY
LOCATED AT 4601 SW 34 DRIVE, DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the Broward County Zoning Code, "Single Family(R-1C)", Sections 39-583
and 39-583 (a), prescribe the side yard and yard encroachment regulations, respectively, for
properties within the City of Dania Beach; and
WHEREAS, Michael Magnier, property owner, has applied for a variance (VA-37-05) to
allow:
1. a storage shed addition to be setback 5 feet from the south side yard property line (7.5
feet is required) (Broward County Zoning Code, Single Family (R-IC), Sec. 39-583,
"Side yards"); and
2. an awning to be setback 3.5 feet from the north property line(4.5 feet required)(Broward
County Zoning Code, Sec. 39-583 (a), "Yard encroachments"); and
WHEREAS, the Planning & Zoning Board on July 20, 2005, recommended:
1. denial of a storage shed addition, and
2. approval of an awning to be setback 3.5 feet from the north property line,
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-37-05, from requirements in Broward County
Zoning Code, "Single Family (R-IC)", Sections 39-583 and 39-583 (a) is:
a) as to the storage shed, approved;.provided,however,that applicant must use it to store all items
currently located in his back yard and keep the back yard free and clear of all items susceptible of
being stored in the shed (no outdoor storage of items is permitted on the property, unless in
compliance with City law); and
b) as to the awning, 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repealed to the extent of such conflict.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. ti ROLL CALL:
COMMISSIONER ANTON - ABSENT
COMMISSIONER BERTINO -YES
LOUISE STILSON c COMMISSIONER MCELYEA - YES
CITY CLERK VICE MAYOR FLURY - YES
MAYOR CASTRO - YES
APPROVED AS TO O AND CORRECTNESS
BY: t
THOM S J. AN RO
ClTYATTQRNEY
2 RESOLUTION #2005-111
_ AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: AUGUST 9,2005
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—VARIANCE REQUEST VA-37-05
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
The'applicant, Pamela St. Germain on behalf of the property owner Michael Magnier, for property
located at 4601 SW 34 Drive, is requesting the following variances:
i)To allow storage shed addition to be setback 5 feet from the south side yard property line; 7.5
feet required. (Broward County Zoning Code, single family(R-1c)Sec. 39.583. Side yards).
ii)To allow an awning to be setback 3.5 feet from the north property line; 4.5 feet required.
(Broward Count Zoning Code, Sec 39-583 (a)Yard encroachments).
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Resolution
Staff Report
Comment Sheets
Application
Public Hearing Notice/Mailing List
Location Map
Survey
Pictures of Existing Conditions
Pictures of Neighborhood Conditions
Site Plans
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
CITY OF DANIA BEACH
. COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
DATE: August 9, 2005
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director �• G� -
Corinne Church, AICP, Principal Planners,d--�
SUBJECT: VA-37-05: The applicant, Pamela St. Germain on behalf
of the owner Michael Magnier, is requesting the
following variances:
1) To allow storage shed to be setback 5 feet from the
south side yard property line (7.5 feet required).
2) To allow an awning to be setback 3.5 feet from the
north property line (4.5 feet required).
LOCATION: 4601 SW 34 Drive
The subject property was annexed into the City of Dania Beach in 1990. The
zoning is Broward County Single Family (R-1C). The property owner is
proposing to construct a storage shed on the south side of his house and a
canvas awning on the north side. The applicant's hardship statement is
attached.
PLANNING AND ZONING BOARD RECOMMENDATION
On July 20, 2005 the Planning and Zoning Board recommended the following:
1) Denial of the side setback variance for the shed; and
2) Approval of the side setback variance for the awning.
STAFF RECOMMENDATION
None. The applicant shall demonstrate hardship to the Planning and Zoning
Board.
•
- CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
• ROUTING FORM
No 22 PZ Log VA-37-08
Route Date 6/17/2005
Project MAGNIER RESIDENCE SHED VARIANCE Folio 5042-30-08-0140
Route Via: Mall [] PlckUp In-house
Fire Marshal Planner
[_I Public Services Landscape
Approved as submitted Denied
Comments addressed and resubmitted prior Approved w/conditions
to PZICity Commission
t.IstConditions -
/YYl c-•
Signature
Print Name
Date
's
I
f
t — CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
} • ROUTING FORM
i
No 22 PZ Log VA-37-05
Route Date 6/17/2005
Project IM AGNIER RESIDENCE SHED VARIANCE Folio 5042-30-08.0140
Routo Via: Mail Pickup In-house
Fv-1 Fire Marshal Planner
Public Services F] Landscape
• proved as submitted Denied
Comments addressed and resubmitted prior ❑ Approved w/conditions
to PZlCity Commission
LlstConditions
I
Signature
Print Name
Date
i
i
f - CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
ROUTING FORM
No 22
PI Log VA-37-05
Rout®Date 6/17 00005 I -�
Project AAAGNIER RESIDENCE SHED VARIANCE Folio 5042-30-08-0140
Rout®Via: Mail❑ PlckUp ® In-house[�
❑ Fire Marshal ❑ Planner
Public ServicesvD Landscape
Vepproved as submitted ❑ Denied
Comments addressed and resubmitted prior Approved
to PZ/City Commission ❑ PP oved w/conditions
LlstConditiona C i�
Signature
--7 -ffi e Lad
Print Name
I Date
p
City of Dania Beach, Florida
Department of Community Development
Planning and Zoning Division
General Development Application (954)924-3643
• ® Assignment of Flex/Reserve Units
® Land Use Amendment® Plat JUN 16 2005
® Plat Delegation Request
® Rezoning
® Slte Plan Date Rec'do
13 Special Exception
13 Spedal Request Petition No.a
® Trafficway Waiver
Variance
® Vacation Request
® Others
THIS APPLICATION WILL NOT ®E ACCEPTED UNTIL IT IS COMPLETE AND
SUBMITTED WITH ALA, 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 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.
iAll projects must also obtain a building permit from the aty's Building Department.
Location Address:
ot(s). R Bloch: _� Subdivision:
Recorded Plat Name:
Folio Number(s): W42 3008 o140 p o � block 1 0�
Legal Description: t �
Applican Consultan Legal Representative(circle one) mc�a
Address of Applicant: 0501 S. 0CAn V 14507 NO�� n
Business Telephone: �51F gas-067I Home:
Fax:
Name of Property Owner: _ M p , A,
Address of Property Owner:
( Business Telephone: Home:I S'I; C
J7 1C Fax:
( Explanation of Request: V444o ( �? YMol "
limy 30 emwonc4m, 4-
Sid e,ncroQcaf of c400 Pr awni'
CRITERIA STATEMENT
• VAR1ANCE APPLICATION FOR:
Michael Magnier
4601 SW 34th Drive
Dania Beach, FL 33312
June 15, 2005
A variance is being requested to allow a concrete block storage shed to be constructed
on the south side of an existing house, encroaching 30"into the required side setback.
Also part of the same variance request is to allow a new awning to be built on the north
side of the same house, extending an additional 12" beyond the allowed overhang
(allowed to overhang 30"into,the setback).
The property for which these variances are being requested enjoys a broad canal water
view to its rear. In order to take full advantage of this view, the less attractive items such
as garden storage and an awning covering for the existing mechanical equipment and
fence would be best placed to the sides of the house. Additionally, the applicant does
not want to place "utility" items in view of his neighbors. Placing the storage shed and
awning to the sides of the house allows these items to not detract from the water views
of all the houses across the canal.
( This attitude Is likely shared among many of the neighbors since there are already several
homes with very similar storage sheds already added on to the sides of the homes. In
particular,the adjacent property to the South has a storage shed that seems to
encroach into the side setback. Thus,the granting of these variances would not confer
any special privilege.
The applicant seeks only the minimum variance in order to accomplish his goals of
beautifying the canal view while still being sensitive to the side and front views. The eight
foot width of the storage shed is based on accommodating shelving on both longer
walls,while still allowing for a door at each end. The proposed awning extends just to the
edge of the existing decorative fence in order to provide shelter from the weather. It is
proposed to extend to cover the existing door toward the rear of the home-again to
provide shelter and weather-proofing.
These requested variances would not be detrimental to the public welfare. In fact, they
would help maintain the attractive view of this property from the water, the street, and
even the neighboring homes to the north and south.
i
f
NOTICB OF
PUBLIC HEARING
CITY OF DANIA BEACH
VA-37-05
NOTICE IS,HEREBY GIVEN ' O1i
that a public hearing will `�
be held before the City
commission on Tuesday,
August 9, 2005 at 7:00 P. Z5 AY1—S2n�1 f1 e
m., or as.soon thereafter
as possible, in the City -
Commission Room, Ad- �QS�deVT
ministrative Center, 100 > GGtn1C ✓
West Dania Beach Blvd., JJ
Dania Beach, Florida
33004,for the purpose of
hearing any comments
which might be made to
the following requests:
VA-37-05 - Applicant
Pamela St.Germain on be-
half of property owner MI
chael Ma nier,for proper
ty located at 4601 SW 34t
Drive,Dania Beach,Is r
questing a varlancor
1. To allow a storage
shed addition to be set-
back 5 feet from the south
side yard, prop0rty. Hne;
7.5 feet required. (9ro-
ward County Zoning Code,
Singlo Family (R-IQ Sec.
39 83.Side yards.)
2.To allow an awning to
be setback 3.5 feet from
the north property line;
4.5 feet required. (Bro-
ward County Zoning Code,
Sec. 39-583 (a) Yard en-
croachments)
Legal Description: Lot
8,Block 1 of'AVON ISLES'
• according to the, plat
thereof recorded in plat
book 40, page 31 of the
public records of Broward
County,Florida.
Copies of,the Proposed
petition are ava table for
viewing In the Community
Development Depart-
ment, t00 West Dania
Beach BIVC Dania Beach,
Florida between the hours
of 8:00 a.m.and 4:00 p.m.,
Monday-Friday.interest-
ed parties may appear at
the public hearing and be
heard with respact 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 Snison,city Clerk,
I100 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-
sion 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-37-05
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-37-05 - Applicant Pamela St. Germain on behalf of property owner Michael Magnier, for property
located at 4601 SW 341h Drive, Dania Beach, is requesting a variance:
1. To allow a storage shed addition to be setback 5 feet from the south side yard property line;
7.5 feet required. (Broward County Zoning Code, Single Family (R-IC) Sec. 39-583. Side
yards.)
2. To allow an awning to be setback 3.5 feet from the north property line; 4.5 feet required.
(Broward County Zoning Code, Sec. 39-583 (a) Yard encroachments)
Legal Description: Lot 8, Block 1 of"AVON ISLES" according to the plat thereof recorded in plat book
40,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
Magnier
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EXISTING CONDITIONS
VARIANCE APPLICATION FOR:
Michael Magnier
4601 SW 34th Drive
Dania Beach, FL 33312
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Proposed Awning Location
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Proposed Awning Location
Variance Application-Existing Conditions Page I of 2
Magnier-4601 SW 34 Drive
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Proposed Storage Location
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Proposed Storage Location
Variance Application-Existing Conditions Page 2 ,of 2
Magnier-4601 SW 34 Drive
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EXISTING. NEIGHBORHOOD CONDITIONS
VARIANCE APPLICATION FOR:
Michael Magnier
4601 SW 34th Drive
Dania Beach, FL 33312
The purpose of this report is to document the existing conditions of the
neighborhood surrounding the subject property. Typical conditions for this
neighborhood include providing storage structures in the side yard (either
attached to the main structure or separate), thereby keeping the back
yard open to the canal and not cluttered with storage. Because of the
nature of the canal, each individual back yard is not viewed only by one
or two immediate neighbors, but by a larger group of homes. This makes
it even more important to respect the existing pattern of the
neighborhood, as it will affect a greater number of residents.
Back yards along canals are less private, and this neighborhood shows a
strong pattern of using these back yards as living spaces rather than
storage areas. The side yards then become the location for outdoor
storage and utility equipment. This is also a very strong pattern as
evidenced by the following photographs. In reviewing the following
photographs, it can be seen that these storage structures do not typically
observe the side setback requirements since to do so would not allow
enough practical storage width. Many of the storage structures shown
(see photos 1, 3, 4, and 5) allow only a gate's width between the structure
and fence that would be along the property line. It can thus be assumed
that these storage structures would be approximately 3'-6" from the side
property line.
The owner at 4601 SW 34th Drive would like to stay within the existing
pattern of his neighborhood and move the outdoor items shown in the last
photograph (the rear of this property) to a storage structure at the side of
the house.
Variance Application-Existing Neighborhood Conditions Page 1 of 6
Magnier-4601 SW 34 Drive
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Existing Side Storage Structure in Some Neighborhood (2)
Variance Application-Existing Neigliborheod Conditions Page 2 of 6
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Existing Rear Yard at Subject Property
(to be cleaned up to match neighborhood by allowing requested side
storage structure)
Variance Application-Existing, i'leig!1borhood Conditions F'aae 6 of 6
Magnier-4601 SW 34 Drive