HomeMy WebLinkAboutR-2004-074 Bartley Va-12-04 RESOLUTION NO. 2004-074
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE
VARIANCE REQUEST SUBMITTED BY JOHN BARTLEY, B & B
BUILDERS, FROM CHAPTER 28 (ZONING) ARTICLE 29.10 PERVIOUS
AREA REQUIREMENTS; FOR PROPERTY LOCATED 218 SE 15 ST.,
DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28 Zoning,Article 29.10
sets the pervious/impervious land area requirements for the City of Dania Beach; and
WHEREAS, John Bartley, B & B Builders, has applied for a variance (VA-12-04)to
waive the minimum 40% pervious area to allow 35% for a single family dwelling home for
property located 218 SE 15th Street, Dania Beach; and
WHEREAS, the Planning & Zoning Board on March 17, 2004, recommended that
the City Commission grant variance request VA-12-04 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-12-04,for a variance as described above
(from requirements in Chapters 28, Zoning, Article 29.10), a copy of which is attached as
Exhibit "A" is approved with the condition that the deck on the south side of the pool be
reduced to five (5) feet..
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are repealed to the extent of such conflict.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 THIS 13TH DAY OF APRIL, 2004.
C.K. MCE A
MAYOR — COMMISSIONER
1 RESOLUTION NO. 2004-074
ATTEST: ROLL CALL:
, � 1 COMMISSIONER ANTON -YES
Qd COMMISSIONER CHUNN - YES
LOUISE STILSON COMMISSIONER FLURY-YES
CITY CLERK VICE-MAYOR MIKES - YES
MAYOR MCELYEA - ABSENT
APPROVED AS TO FOR A D CORRECTNESS:
TH MAS J. NSBRO
CITY ATTORNEY
2 RESOLUTION NO. 2004-074
City of Dania Beach, Florida
Growth Management Department
® Planning and Zoning Division
(954) 924-3645
Development Application
El Assignment of Flex/Reserve Units F E 2 0 L004
❑ Delegation Request i
❑ Land Use Change
❑ Outdoor Seating
❑ Plat
❑ Rezoning Date Rec'd:
❑ Site Plan V�
El Special Exception Petition No.: 7
❑ Special Request
❑ Trafficwray Waiver
ziff Variance
❑ Vacation Request
❑ Other
This application must be completed in full and submitted along with all necessary documents for it to be
processed. THIS APPLICANT WILL NOT BE PLACED ON A BOARD OR COMMISSION'S AGENDA
UNTIL IT IS COMPLETE. Refer to the "Application Type" and "Required Documentation" checklist to
determine the supplemental documents required with each application. STAFF WILL PROVIDE THE
APPROPRIATE CHECKLIST FOR EACH TYPE OF APPLICATION. All required exhibits must be collated in
individual sets. Full sized plans submitted shall be signed and sealed by an architect registered in the
State of Florida, and other appropriate design professionals. The applicant of record or their authorized
® legal agent shall present projects to the pertinent board.
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. Once placed on an agenda,
the applicant or their authorized legal agent must be present at all meetings.
Location Address: -A- SC In-fof- S
Lot(s): 1J, 20 Block: Subdivision: ST �1 'YlC S PA/*:�
Recorded Plat Name: , - AMe 3 7At2L NVA-P-N
Folio Number(s): ,51f 2"0,31 —07- o 4o t°Legal Description:
Present Zoning: Present Land Use: Explanation of Request:
V&2j a n c,e �roen 4fk-e.(e ut re J ` 0.9b /-r vi aos G re a ,3 S 1-/72 gvy 0.1 Q
Prop. Net Acreage: Gross Acreage: Prop. Square Footage:
Value of Improvement: Est'd Date of Completion:
Will Project be Phased: If yes, Est'd Completion of each Phase:
V111
cc
Existing Use: c� k Proposed Use: S•F2
Name of Ap licant/Consultan Re resentativ (circle one): 'JoY Ck
Address of Applicant: �v
® Business Telephoner "Q Home: 7�0713 Fax:
Name of Property Owner: Dr-AA W 0_)ELLLA kuM
Address of Property Owner: U\ 5S121019 4'-
Business Telephone: q .9�1,'Qz43 Home: %74- 2-7-679 Fax:
List any additional action (i.e. special exception, variance, rezoning, etc.)that may be needed to support
A-4�-p, 'O—t kesvosJ$e C- -®c CFI 4u' CWU 6vx'al®..J
the proposed project: ��
List all previous action that has occurred on this property: Rerss»(n)( S� 10/Q ✓ara ��„I/..��,,c�
NOTE: ALL SIGNATURES MUST BE NOTERIZED BY ORDERED OF DANIA BEACH CITY
COMMISSION.
Sworn to and subscribed before me Applicant/Consultant/Representative:
This day of 20_
Signature: Date:
Sign Name of Notary Public (Print Name)
State of( )
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires:
Seal: Telephone No. &Fax No.
WHEN PETITIONER IS NOT THE OWNER OF THE SUBJECT PROPERTY, PLEASE COMPLETE
THE FOLLOWING:
This is to certify tha owner of sub'ect lands described above and that I have authorized
(Applicant/Consultan epresentatiee) U !' to make and file the aforesaid
application.
Sworn to and subscribed before me Owner:
This 'Zy day of ►'6 b. 20 Of n
Signature: Date: �` a-d
Sygn Name of Notary Public (Print Name)
State of( Flo r,c►a )
Jaq&-g'►c: 6Cr I✓3 eCAr e". L')-oi
Print Name of Notary Bridget Bergeron Street Address, City, State and Zip Code
��tippY PG q�:
CommiS06 �rion#DD218856
Seal: ,;. _ p;' Bonded Thru Telephone No. &Fax No.
'Z'DF1`,`�� ,412S.:1C BCIIding Ca.,�7e.
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: APRIL 13,2004
2. DESCRIPTION OF AGENDA ITEM: VARIANCE REQUEST VA-12-04
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION &BACKGROUND:
Variance request by John Bartley of B & B Builders to waive the minimum 40% pervious area to allow
35%for a single family dwelling home for property located at 218 SE 15 Street, Dania Beach.
Chapter 28, Zoning Article 29.10 sets the pervious/impervious land area requirements.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Resolution
Comment Sheet
Application
Public Hearing Notice/Location Map
Mailing List
Site Plan
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Planning and Zoning Advisory Board recommended approval of this request at their March 17,
2004 regular meeting.
Submitted by:
Laurence G. Leeds, AICP, Director Date: March 25, 2004
Community Development Department
City Manager Date
CITY OF DANIA BEACH
DEPARTMENT OF COMMUNITY DEVELOPMENT
MEMORANDUM
DATE: April 13, 2004
TO: Ivan Pato, City Manager
VIA: Laurence Leeds, AICP, Director C . G�---
FROM: Corinne Church, AICP, Principal Planner
SUBJECT: VA-12-04: Request by John Bartley, on behalf of Dania Beach
Homes, for a variance to reduce the pervious area for a single
family dwelling from 40% to 35% to allow the addition of a
pool and deck for a property located at 218 SE 15 Street.
Variance
To waive the minimum 40% pervious area to allow 35% for a single family dwelling
unit.
® The subject property is located in a PUD-B zoning district. On November 26, 2002 the
City Commission approved a site plan for the PUD, which includes 19 dwelling units.
At that time three (3) dwelling units were shown to have a pool. The approved site
plan indicated that parcel 9 would not provide a pool. The applicant is now requesting
permission to construct a pool at this location. The addition of a pool will reduce the
pervious area on parcel 9 from 51.5% pervious to 35.5% pervious, 4.5% less that
required by code.
The proposed pool and deck equals 659.61 square feet in area. The site plan provided
by the applicant indicates a significant deck surrounding the pool with approximately
seven (7) feet provided on both sides of the pool. A reduction in the deck area will
reduce the amount of pervious area needed to be waived. Therefore, it would appear
that the variance requested by the applicant is not the minimum amount necessary in
order to add a pool and deck. Staff recommends the applicant reduce the deck area to
five (5) feet on the north and south sides of the pool and thereby reduce the variance
request.
The applicant is proposing a six (6) foot, four (4) inch setback between the edge of the
deck to the rear property line. The applicant is providing turf and two (2) Queen Palms
within this setback area.
PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION
On March 17, 2004 the Planning and Zoning Advisory Board recommended approval
provided the deck on the south side of the pool be reduced to five (5) feet and the
Public Services Director approve the applicant's drainage calculations.
STAFF RECOMMENDATION
Approval, provided the deck area is reduced to five (5) feet on the north, west and
south sides of the pool, and the Public Services Director approves the applicant's
drainage calculations.
(7
Consulting Engineering Services, Inc.
302 New Hampshire Street. Unit# 3A
Hollywood, Florida 33019
Phone(954) 927-0561 Mobile: 558-1189
Fax: 926-7810
February 19, 2004
Ms. Corrine Church
City of Dania Beach
Growth Management Department
Planning Division
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
RE: Bartley St. James homes
218 S.E. 15`e Street
Pool Addition- Drainage Impacts
Project No. 02-162
Dear Ms. Church,
The drainage calculations provided by this office and permitted through Broward County
® Department of Environmental Regulation, are for the entire Bartley St. James Homes
Development. In theses calculations each house was considered to be approximately
2,000 square feet in size. Actually the houses are about 1,500 square feet in size, less than
estimated. These calculations set the finished floor and roadway elevations for the entire
development.
The addition of a pool and deck area will not adversely affect the overall drainage for
the site.
If you have any questions, please feel free to contact this office.
Very "Truly Yours, n
Charles O. Buckalew
ConsultingEngineering Services, Inc.
OX�14
Charles O. Buckalew
President
Cc: John Bartley B&B Builders, Inc. !-
oO
Response to variance request-- SE 15 Street
& B)
The home is being built in an approved PUD — B zoning district, consisting of 19 dwelling units
where PUD-B allowed up to 23 units at that time. PUD-B also requires no minimum lot size or
setback requirements. The home is part of an existing approved PUD-B. The homes were
approved with a 30% building coverage where the maximum of 35% was allowed; also, 42%
pervious area was provided for the entire development where a minimum of 40% was required.
The entire site provides 47 parking spaces where only 44 parking spaces were required. Finally
the lot sizes for the homes being built exceeded the minimum lot sizes approved for the
development (3,600 -- 3,800 square feet were approved and the lot in question provides 4,117 sq.
feet)
c) This will not provide any special privilege. A recreation amenity such as a pool is enjoyed by other
homes and developments in the area such as Natures Cove.
d) n/a
e) The variance being requested is at the very least the minimum. The request is being made is to
allow 35.472% pervious area (a difference of 4.53%) from the 40% pervious requirement.
f) The granting of this variance will not be injurious to the area involved, but in fact will increase the
value of the property. In addition, 1 have provided documentation from Charles 0. Buckalew
•
which states that the addition of a pool and deck area will not adversely affect the overall drainage
for the site.
�1 F o _004
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
ROUTING SHEET
100 W. Dania Beach Blvd.
• Dania Beach, FL 33004
Phone: (954)924-3645 Fax: (954)922-2687
Date: 03/03/04 Folio#: 5142-03-07-0160 &0170
Project Name: John Bartley St James Park Blk 1 Lot 19&20 Project: VA-12-04
VIA: MAIL PICKUP IN-HOUSE X
PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED
IN THE GROWTH MANAGEMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING
AND ZONING BOARD AND CITY COMMISSION. PLEASE LOG YOUR TIME SPENT AND
COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU.
❑ FIRE MARSHAL: Ed Tarmey
ME UTILITIES DIRECTOR: Fernando A Vazquez
❑ PRINCIPAL PLANNER Corinne Church
❑ LANDSCAPING CONSULTANT: Bill Tesauro
APPROVED AS SUBMITTED: [ ] [ ] COMMENTS MUST BE ADDRESSED
AND RE-SUBMITTED FOR REVIEW
DENIED: [ ] PRIOR TO COMMISSION APPROVAL.
APPROVED WITH CONDITIONS: [ ]
List conditions: Please review revised site plan and return with comments if any.
i
rint Name
�4,040z'
Date
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
ROUTING SHEET
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
Phone: (954)924-3645 Fax: (954)922-2687
Date: 02/25/04 Folio#: 5142-03-07-0160 &0170
Project Name: John Bartley St James Park Blk 1 Lot 19 & 20 Project: VA-12-04
VIA: MAIL PICKUP IN-HOUSE X
PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED
IN THE GROWTH MANAGEMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING
AND ZONING BOARD AND CITY COMMISSION. PLEASE LOG YOUR TIME SPENT AND
COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU.
❑ FIRE MARSHAL: Ed Tarmey
❑ UTILITIES DIRECTOR: Fernando A Vazquez
75 PRINCIPAL PLANNER Corinne Church
❑ LANDSCAPING CONSULTANT: Bill Tesauro
® APPROVED AS SUBMITTED: [ ] [ ] COMMENTS MUST BE ADDRESSED
AND RE-SUBMITTED FOR REVIEW
DENIED: [ ] PRIOR TO COMMISSION APPROVAL.
APPROVED WITH CONDITIONS: [ ]
List conditions: Please review revised site plan and return with comments if any.
SP- ot(Z-a Selo a-
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Print Name
Date
NOTICE OF
PUBLIC NEARING
CITY OF DANIA BEACH
VA-12-04
NOTICE HEREBY GIVENill L\_
that a public hearing will
be held before the City
Commission on Tuesday
April 13, 2004,soon thereafter
7:of P.
er
m., or as soon thereafter �
as possible, in the Dania
Beach city Commission
Chambers, Dania Beach
Administrative Center,
100 West Dania Beach
Blvd., Dania Beach, Flori-
da 33004,for the purpose
of hearing any comments
which might be made to
the following request:
Applicant:John Bartley,B
&B Builders
Location: 218 SE 15th
Street,Dania Beach
variance request to waive
the minimum 40% pervi-
ous area to allow 35%for
a single family dwelling
home.Chapter 28.Zoning
Article 29.10 sets the per-
vious/impervious land
area requirements.
Le
portion of lots 19 and 20,
Block 1, St.lames Park
North, according to the
plat thereof as recorded in
Plat Book 3, Page 33, of
the public records of Bro-
ward County, Florida;be-
ing more particularly de-
scribed as follows: Com-
mencing at the northeast
corner of said St. lames
Park North, thence run
on an assumed bearing of.
south 00˚21 19
east along the east line of
St.James Park-North for
a distance of 51.52 feet to
the paint of beginning;
thence continue south
00˚2119 east
along said east line for a
distance of 45.00 feet;
thence south
89˚14 21 west for a
distance 91.50 feet;
thence north
00˚21 19 westfora
distance of 45.00 feet;
thence north
89˚14 21 east for a
distance of 91.50 feet to
the point of beginning.
Copies of the proposed re-
quest is available for
viewing in the Community
Development Depart-
ment, too West Dania
Beach Blvd.,Dania Beach,
Florida between the hours
of 8:00 a.m.and 4:00 p.m.,
Monday Friday please
call (954) 924-3645 for
more information. inter-
ested 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 Miri-
am Nasser, Acting City
Clerk,100 W.Dania Beach,
Blvd, Dania Beach, FL
33004,(954)924.3624,at
least 48 hours prior to
meeting.
Any pe'so
n ho decides
to appeal any decision
made by the Ctty Commis-
sion with regard to any
matter considered at this
® meeting or hearing will
need a record of the pro-
ceedings and for such pur-
pose 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
Aorll 2,2004
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH r
VA-12-04
�entenr�a�
1904-2004
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on
Tuesday April 13, 2004, at 7:00 p.m., or as soon thereafter as possible, in the Dania Beach City
Commission Chambers, Dania Beach 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:
Applicant: John Bartley, B & B Builders
Location: 218 SE 15th Street, Dania Beach
Variance request to waive the minimum 40% pervious area to allow 35% for a single family
dwelling home. Chapter 28, Zoning Article 29.10 sets the pervious/impervious land area
requirements.
Legally Described as: That portion of lots 19 and 20, Block 1, "St. James Park — North",
according to the plat thereof as recorded in Plat Book 3, Page 33, of the public records of
Broward County, Florida; being more particularly described as follows: Commencing at the
northeast corner of said "St. James Park— North", thence run on an assumed bearing of south
00°21'19" east along the east line of "St. James Park - North" for a distance of 51.52 feet to
the point of beginning; thence continue south 00021'19" east along said east line for a
distance of 45.00 feet; thence south 890 14'21" west for a distance 91.50 feet; thence north
® 00021'19" west for a distance of 45.00 feet; thence north 89°14'21" east for a distance of
91.50 feet to the point of beginning.
Copies of the proposed request is 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 please call (954) 924-3645 for more information.
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 Miriam Nasser, Acting City Clerk, 100
W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3624, 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, April 2, 2004
See Location map on reverse side of this notice
(T', DE5CRIPTION
THAT PORTION OI'"LOTS 19 AND 20,BLOCK 1,5T.JAMES PARK-NORTH',ACCORDING TO PLAT
THEREOF AS RECORDED IN PLAT BOOK 3,PAGE 33,OF THE PUBLIC RECORDS OF BROWARD
COUNTY,FLORIDA;BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID 5T.JAMES PARK-NORTH',THENCE RUN ON AN
• A55UMED BEARING OF SOUTH 00'2 PI 9'EAST ALONG THE EAST LINE OF 5T.JAME5 PARK-NORTH"
FOR A DISTANCE OF 51.52 FEET TO THE POINT OF BEGINNING;THENCE CONTINUE SOUTH 00'2 I'19'
EAST ALONG SAID EAST LINE FOR A DISTANCE OF 45.00 FEET;THENCE SOUTH 89.14'2 I'WEST FOR
A DISTANCE OF 91.50 FEET;THENCE NORTH 00121,19'WEST FOR A DISTANCE 45.00 FEET;THENCE
NORTH 89°14'21'EAST FOR A DISTANCE OF 91.50 FEET TO THE POINT OF BEGINNING.
FEW FLOOD INSURANCt RATE MAP
OF:BROWARD COUNTY,FLORIDA
COMMUNITY PANM WPM IONS
NO. NO.
NORTH ARROW RELATIVE TO I ppag4 0.309 F AE
A55UMED 5.00'00'00'W.ALONG
THE CENTERLINE 5.E.2ND AVENUE FIRM BASE LOWE9T AVG.
DATE ELEV. FLR ELEV GRID.
I0-2•97 G.o 1 8.2
'GARAGE ELEVATION-7.4
5CHOOL 517E 0470. (145-50)
N.89'OB 5 5'E. 283.53'
Lu NORTH LINE 5T,JAME5 NORTH EAST CORNER OF
'5T.JAME5 PARK-NORTH'
7
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PARK-NORTH'
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STEPHE OR THE FIRM
CORNERS NOT FOUND OR SET PROFESSIONAL SURVEYOR&MAPPER
FLORIDA REGISTRATION NO.4034
• REVISION DATE BY G1BBS LAND
SURVEYORS SKETCH OF CONSTRUCTION SURVEY
UNDER CONSTRUCTION Ia23ds SHO 2121 HOLLYWOOD BOULEVAPA SUITE 201
J08F.R MOO" ATE.034
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U o p Q Lo Ln Lo Lo Lo Lo Ln Ln to Lo Lo Lo Lo Ln LC) in Ln Lo to Lo N