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Home My WebLink AboutR-2005-136 Garth Thompson Variance RESOLUTION NO. 2005-136 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY GARTH THOMPSON FROM CHAPTER 26,"VEGETATION",ARTICLE IV,"LANDSCAPE",SECTION 26.52, FOR PROPERTY LOCATED AT 5981 SW 37TH TERRACE, IN THE CITY OF DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 26, "Vegetation", Article IV, "Landscaping", sets the landscape setback regulations for the City of Dania Beach; and WHEREAS, Garth R. Thompson has applied for a variance (VA-47-05) to allow the reconstruction of a perimeter wall located 2 feet from the south property line (Chapter 26, "Vegetation", Article IV, "Landscaping", Section 26.52 requires a 15 foot perimeter landscape setback adjacent to roadways on the Broward County Trafficway plan); the subject property is ® located at 5981'SW 371" Terrace, Dania Beach; and WHEREAS,the Planning&Zoning Board on August 17,2005,recommended that the City Commission grant variance request VA-47-05,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-47-05, 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,provided that applicant erect a concrete block wall with footer,use a registered arborist to oversee the construction of the wall and remove all dead limbs in the existing trees. 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 September 13, 2005. ANNE CASTRO MAYOR-COMMISSIONER AT EST. ROLL CALL: COMMISSIONER ANTON -YES COMMISSIONER BERTINO - YES LOUISE STILSON COMMISSIONER MCELYEA - YES CITY CLERK VICE-MAYOR FLURY - YES . MAYOR CASTRO - YES APPROVED AS TQ FORM AND CORRECTNESS BY: ("I -\ / h 1�A m M S J.Alkshko CITY ATT RNEY 2 RESOLUTION 42005-136 _ AGENDA REQUEST FORM CITY OF DANIA BEACH 14 1.- AGENDA ITEM NO. e 10 1. DATE OF COMMISSION MEETING: SEPTEMBER 13, 2005 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—VARIANCE REQUEST VA-47-05 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: The applicant and owner, Garth R. Thompson, is requesting a variance for the reconstruction of a perimeter wall located at 5981 SW 37 Terrace. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Resolution Staff Report Comments No Objection Letters Application ® Public Hearing Notice/Location Map Mailing List Picture of Existing Wall Proposed Wall Extension Plan Survey Tree Survey 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds, AICP, Director Date: August 31, 2005 Community Development Department City Manager Date CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: September 13, 2005 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director FROM: Corinne Church, AICP, Principal Planner SUBJECT: VA-47-05: The applicant and owner, Garth R. Thompson, is requesting a variance for the reconstruction of a perimeter wall located at 5981 SW 37 Terrace. VARIANCE To allow the reconstruction of a perimeter wall located 2 feet from the south property line; code requires 15 foot perimeter landscape setback adjacent to roadways on the Broward County Trafficway Plan. PROPERTY INFORMATION ZONING: Broward County Residential (RS-3) The subject property was annexed into the City in 2001 and is located immediately adjacent to Stirling Road. A perimeter wall is located parallel to Stirling Road and runs the length of the applicant's back yard as well as his neighbors to the east and west. The applicant is requesting to relocate the wall from its current location, between 8.5 feet to 9 feet from the south property line, to 2 feet from the south property line. Letters from adjoining neighbors, which have been provided by the applicant, are attached. The applicant has indicated that he will erect a concrete wall with footer. The wall will be located 2 feet north of the existing sidewalk. The City's Landscape Consultant had determined that a wall at this location will provide adequate clearance from the existing trees. A column and slat type construction was suggested but determined to not be feasible by the Landscape Consultant because it requires 14 foot vertical clearance to move the slats into place which not available due to the existing tree canopy. The City's Landscape Consultant is requesting that the applicant use a registered arborist to oversee the construction of the wall and that the applicant have the arborist remove all dead limbs in the existing trees. STAFF RECOMMENDATION Approval, provided that applicant erect a concrete block wall with Tooter, use a registered arborist to oversee the construction of the wall and remove of all dead limbs in the existing trees. CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING FORM 5 No 28 PZ Log VA-47-05 Route Date 7/27/2005 Project GARTH THOMPSON WALL VARIANCE Folio 5042-31-04-0170 Route Via: Mail PlckUp F In-house Fire Marshal Planner Public Services CG �-V] Landscape Approved as submitted Denied Comments must be addressed and 1 proved w/conditions resubmitted prior to PZ/City Commission ListConditions &z- .. A-LI //qq , v �jj�yyc c rt ICY Signature Print Na e • �� Date CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING FORM No 28 PZ Log VA-47-05 Route Date Project GARTH THOMPSON WALL VARIANCE Folio 5042-31-04-0170 Route Via: Mall PlckUp In-house R V Fire Marshal Planner Public Services CG Landscape Approved as submitted Denied Comments must be addressed and [] Approved w/conditions resubmitted prior to PZ/City Commission ListConditlons I f G�- Signature Print Name Dat I CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING FORM No 28 PZ Log VA-47-05 Route Date 7/27/2005 Project GARTH THOMPSON WALL VARIANCE Folio 5042-31-04-0170 Route Via: Mall EJ PlckUp In-house 7v 4 �a r Fire Marshal 7 Planner Public Services CG Landscape Approved as submitted Denied Comments must be addressed and Approved wlconditions resubmitted prior to PZ/City Commission ListConditions i --J Signature Print Name Date August 3, 2005 TO: CITY OF DANIA BEACH FROM: Mr. Robert Parker Owner of 5960 S.W. 37 Terrace, Dania Beach Re: Variance File#VA47-05 Please be informed that I support the request of my neighbor, Garth Thompson of 5981 S.W. 37 Terrace, Dania Beach to make changes in the location of the wall on his property as outlined in the Survey submitted by Jay Keri Professional Surveyor and Mapper as included in the supporting documents for Variance#VA-47-05. Sincerely yours, R4a k4c"' Mr. Robert Parker Owner, 5960 S.W. 3 7 Terrace, Dania Beach August 3, 2005 TO: CITY OF DANIA BEACH Kess4 c,! FROM: Mr. Joshua Kesler Owner of 5971 S.W. 37 Terrace, Dania Beach Re: Variance File #VA47-05 Please be informed that I support the request of my neighbor,Garth Thompson to make changes in the location of the wall on his property as outlined in the Survey submitted by Jay Keri Professional Surveyor and Mapper as included in the supporting documents for Variance#VA47- 05. tDania y urn,/ MK"Iet- �S Owner, 5971 S.W. 37 TerrBeach AUG - 5 1 City of Dania Beach, Florida Depairbment of Community Developnvent Planning,and Zoning DlOslon (954) 924-3643 General Development Application JUL 2 6 2M5 ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request ❑ Rezoning Date.Rec'd: ❑ Site Plan ❑ Special Exception Petition No.: VA- 47-O S ❑ Special "nest ❑ Trafflcvray Waiver 91 Variance ❑ Vacation lRequest ❑ Other: AN ORIGINPA NOTARIZED APPLICATION, COWLETELY FILED OUT, INCLUDING ALL NECESSARY DOCUMENTS, IS REQUIRED BEIFORE THIS APPLICATION WILL BE ACCEPTED. dPORTANT: THE APPLICANT Oil THEIR AUTHQRIZIED LEGAL AGENT MUST BE PRIESENT AT ALL PLANNING AND ZQMXNG BOARD AND CITY COMMISHON MEg E NGS. REFER TO THE "APPLICATION TYPE" AND "REQUIRED DOCUMENTATION- CHECKLIST TO DETERMINE THE SUPPLEMEIJTAL DOCUMENTS REQUIRED WM EACH APPLICATION. Location Address: 5981 S.W. 37 Terrace, Dania, FL 33312 10231 -04-01700 Lot(s): Parcel A Block; SubdMslon: Stirling Oaks Estates Recorded Platitme: Plat Book 77, Page 39,Broward"terlain Part of Parcel A" Folio Number(s): 50-42-31 -04-01 70 Legal Description: Stirling Oaks Estates 77-393 Part of Parcel A Appiicant/Consutant/Legal Representative(drdeone) Garth R. Thompson Address ofAppl ant: 5981 S.W. 37 Terrace, Dania, FL 33312 Business Telephone: 305-538-451Aome:954-322-8435 Fax: 305-532-7443 Name of Property Owner: Garth R. Thompson Address of Property Owner: 5981 S.W. 37 Terrace, Dania, FL 33312 Business Telephund05-5 3 8-4 511 Home:954-322-8435 Fax: 305-532-7443 Explanation of Request: Remove portion of existing wall-rebuild & change location of new portion. Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Existing Use: ��L,�c _� ,Gt�t1' Proposed Use: Is property owned individually, by a corporation,or a joint venture? APPLICANT, CONSULTANT,OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultanokepresentative: This �&O day of 20D' Signatu Date: SI Name of ry Public (Print Name) of( ,4/ Pri Name of Notary Street Address, City,State and Zip Code CYNTHIA M. LEE Commi :�0MUM7WVoD0a7 Seal: Telephone No. &Fax No. PLORM ADWNM wan 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 (Appikant/Consubnt/Representative) to make and ftte the aforesaid application. Sworn to and subscribed before me Owner: Thls26 f'day of 2D14 Signature:", V�- �zd!�� Date: SI Name Notary Public (Print Name) to of( 7/or-dam Pri Name of Notary Street Address, City, State and Zip Code ® Commission Expires: Seal: Telephone No. &Fax No. CYNTHIA M. LEE COMM SKM a ooauasa an��ra OMS so 07 M crams WNM WCouat+ �rrtwr r�vtr i NOTES ON VARIANCE REQUEST 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. This property has an unusual circumstance in that a fence was built on it as part of an associa- tion that was never officially developed-Stirling Oaks Estates. As a result a full 2400 square feet of the property is excluded from use by the homeowner-on average a 1 Oft.depth along the 240 foot wall which parallels Stirling Road representing an extreme and unreasonable hardship to the appli- cant. All neighbors who share the fence have given written approval to this request. b. That the special conditions and circumstances do not result from the actions of the applicant. The applicant had absolutely nothing to do with the placement of the wall. 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 location of,the present wall precludes the applicant from having the same privileges as others have-to have full access to their own property. The granting of the variance will only make him equal,not specially priveleged. d. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. Very definitely, the literal interpretation of the provisions of the chapter would deprive the appliant of rights commonly enjoyed by other properties in the same zoning district-the use of the property that he owns and has a right to use. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The proposed repositioning of the wall, derived at in consultation with the tree surveyor is the only plan that will accomplish the purposes of granting the applicant use of his own property in a manner that will in no way negatively impact specimen oak trees,allowing some trees to remain outside the usable property and others to beautify the space within it and remove the hardship of the current wall abutting the pool so closely as to be a practical and an esthetic disaster. (You can't use a pool scoop without the scoop hitting the wall.) There's a undeniable hardship when 2400 square feet of one's property cannot be used and enjoyed. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variances will not be injurious to the area involved or otherwise detrimental to the public welfare. The granting of this variance will cause current problems injurious to the area to be solved. The vast space currently between the sidewalk and the wall in its present location encourages pass- ersby to us it as a trash and dumping area. With the decreased space and the landscaping to be provided by the applicant in consultation with the city, this unsightly problem will be eliminated definitely in the public welfare and in harmony with the intents and purposes of the code. NOTICE OF I PUBLIC HEA;t;:0 CITY OF JhNIA BEACH VA-47-OS NOTICE IS HEREBY Giv- EN that a public hearing gill be held before the City Commission, Tues- day, September 13, 2005 at 1'00 p.m., or as soon thereafter as possible, in the Dania Beach Cityy Com- mission ROOM, AdMinis- - trative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for tho purpose of hearing any comments which might be made to the fol- lowing request: S ti VA-47-05-Variance re- C�1\ .�1� �. quest by Garth R. Thomp- son for property located at 5981 SW 37tn Terrace to allow the reconstruc- tion of a perimeter wall lo- cated 2 feet frcm the south property line. (Chapter 26, Vegetatioui Article IV Landscape,sec' tion 26.53 requires a 1 foot perimeter landscape setback adjacent to road- ways on the Broward county Trofficway plan.) Property Is legally de- scribed as that part of A of Stirling Oaks Estates, 3C- cording to the plat trereof recorded In fiat 000k 17, page 39, of the public records of Broward County, Florida, being more particularly de- scribed as follows:Begin- ning at the southwest cor- ner of said parcel A. run east and along the south line of parcel A,25.00 feet to the point beginning; thence continue on last described Course, 237.37' feet; thence north 40 de green 39 minutes 43 sec-, onds west, 141.03 feet; thence north_89 degrees.. 59 minutes 27 seconds Nest, 50 feet; thencei south 41 degrees 44 min-1 Lutes 39 Seconds west 143.40 feet to the point of beginning. Copies of the proposed ,petition are available for viewing in the Community Development r Depart- ment, 100 West Dania Beach Blvd.,Dania Beach, �Fli,rida between the i;ours ,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 iproposed 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, Ind (954) 924.3622, at 1cast 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 Lit this meeting or hearing Hill need a record of the proceedings and for such purpose may need to en- sure that a verbatim ® !record of the proceedings s made, which record in- cludes the testimony and vidence upon which the l ippeal is to based. it,0u Ann Cunningham Planning Associate September 2,2005 I NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH VA-47-05 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, Tuesday, September 13, 2005 at 7:00 p.m., or as soon thereafter as possible, in the Dania Beach 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 request: VA-47-05 - Variance request by Garth R. Thompson for property located at 5981 SW 37th Terrace to allow the reconstruction of a perimeter wall 2 feet from the south property line. (Chapter 26, Vegetation, Article IV Landscape, Section 26.52 requires a 15 foot perimeter landscape setback adjacent to roadways on the Broward County Trafficway plan.) Property is legally described as that part of "A" of "Stirling Oaks Estates", according to the plat thereof recorded in plat book 77, page 39, of the public records of Broward County, Florida, being more particularly described as follows: Beginning at the southwest corner of said parcel "A", run east and along the south line of parcel "A", 25.00 feet to the point of beginning; thence continue on last described course, 237.37 feet; thence north 40 degrees 39 minutes 43 seconds west, 141.03 feet; thence north 89 degrees 59 minutes 27 seconds west, 50 feet; thence south 41 degrees 44 minutes 39 seconds west 143.40 feet to the point of beginning. 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. 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