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HomeMy WebLinkAboutR-2004-080 va-08-04 Lemaire boat lift RESOLUTION NO. 2004-080 • A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY MICHAEL MORRISON/MORRISON BUILDERS, ON BEHALF OF ANDRE LEMAIRE, FROM THE ZONING APPENDIX TO THE CITY CODE OF ORDINANCES, SECTION 33-40, "REGULATION AND USE OF WATERWAYS AND FACILITIES RELATED THERETO", FOR PROPERTY LOCATED AT 950 NAUTILUS ISLE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Zoning Appendix to the City of Dania Beach Code of Ordinances, Section 33-40 "Regulation and use of Waterways and Facilities related thereto", regulates the use and construction of facilities on or adjacent to area waterways in the City of Dania Beach; and WHEREAS, Michael Morrison/Morrison Builders, has applied on behalf of Andre Lemaire,for a variance(VA-08-04)to allow a boat lift to extend 22% (17.5 feet) into a canal,when 10%(8 feet)is allowed, for property located at 950 Nautilus Isle, Dania Beach; and WHEREAS, the Planning &Zoning Board on March 17, 2004, recommended that the City Commission grant variance request VA-08-04 to allow a boat lift to extend 12.5'into a canal; 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-08-04, for a variance as described above (from requirements in the Zoning Appendix of the City of Dania Beach Code of Ordinances, Section 33-40 "Regulation and use of Waterways and Facilities related thereto"), a copy of which is attached as Exhibit "A" is approved, subject to the following conditions: i) To allow the boat lift to extend 12.5' beyond the property line, as recommended by the Planning & Zoning Board; ii) Galvanized metal attachments be on the sides, not font and back of pilings; iii) Lift be centered on the lot; and 1 RESOLUTION NO. 2004-080 iv) No fences are to be constructed on the dock. 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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 27T" DAY OF APRIL, 2004. j; C.K. MCELYE MAYOR-COMMISSIONER ;;ATTEST:- ROLL CALL: COMMISSIONER ANTON -YES COMMISSIONER CHUNN -YES LOUISE STILSON COMMISSIONER FLURY- YES CITY CLERK VICE-MAYOR MIKES -YES MAYOR MCELYEA -YES r APPROVED AS TO FORM AND CORRECTNESS: BY: T OM S BRO CITY , TTORNEY • 2 RESOLUTION NO. 2004-080 AGENDA REQUEST FORM CITY OF DANIA BEACH Q AGENDA ITEM NO. 3 1. DATE OF COMMISSION MEETING: APRIL 27, 2004 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARINGS -VA-08-04—CONTINUED FROM APRIL 13, 2004 COMMISSION MEETING 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION &BACKGROUND: Variance request by Morrison Builders on behalf of Andre Lemaire for a variance to allow a boat lift to extend 22% (17.5 feet) into a canal, when 10% (8 feet) is allowed for property located at 950 nautilus Isle, Dania Beach. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Resolution Variance Application Public Hearing Notice/ Location Map Mailing List Survey and Boatlift Specifications Color pictures of boatlifts 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds, AICP, Director Date: April 19, 2004 Community Development Department City Manager Date CITY OF DANIA BEACH • DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM DATE: April 27, 2004 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director FROM: Corinne Church, AICP, Principal Planner SUBJECT: VA-08-04: Request by Michael Morrison/Morrison Builders, on behalf of Andre Lemaire for a variance to allow a boat lift to extend 22% (17.5 feet) into a canal, when 10% (8 feet) is allowed for a property located at 950 Nautilus Isle. Variance To waive the maximum 10% extension (8 feet) in a canal to allow a 22% (17.5 feet) extension. The applicant is proposing to construct a boat lift on top of four (4) pilings. The proposed boat lift would extend 17.5 feet into an 80 foot canal, or 22% of the canal width. The applicant originally applied for a building permit to construct a dock, pilings and boat lift on January 15, 2004. Due to the recent text amendment, the proposed pilings and boat lift were denied, however the dock was approved. Based on the applicant's comments at the Planning and Zoning Advisory Board meeting on March 17, 2004, the newly permitted dock had not been constructed and the existing boat lift immediately adjacent to the sea wall has collapsed. If the proposed boat lift was installed directly adjacent to the property line, the lift would extend 12.5 feet into the canal, thereby necessitating only a four and a half (4.5) foot variance instead of the requested nine and a half (9.5) foot variance. Locating the proposed boat lift adjacent to the property will result in the minimum variance reasonable necessary and therefore meet the conditions for granting a variance as identified in the Zoning Code. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION The Planning and Zoning Advisory Board recommended approval of a four and a half (4.5) foot variance to allow the boat lift to extend 12.5 feet beyond the property line. STAFF RECOMMENDATION Approval of a four and a half (4.5) foot variance to allow a boat lift to extend 12.5 feet from the property line. CITY COMMISSION PERVIOUS ACTION On April 13, 2004 the City Commission continued this item to allow the full Commission, all five (5) members, to hear the item. lEz:rORRISON BUILDERS, INC. GENERAL CONTRACTORS Member, Florida Marine Contractors Association Member, South Florida Fence Association February 6, 2004 Dania Beach Planning and Zoning Attn: Larry Leads 100 W. Dania Beach Blvd. Dania Beach,FL 33004 954-924-3640 VIA FAX 4 954-922-2687 RE: ANDRE LEMAIRE,950 NAUTILUS ISLE,DANIA BEACH,FL Dear Mr. Leads, The request for this variance is the result of how the code is defined. Code 33-40, 13 (c) states that a variance must first be obtained. The code further states that no lift may extend further than 10% of the canal width. We are requesting that(2) pilings and a lift extend into an 80' canal a total of 17 '/z'. The property owner currently has a boatlift device that was permitted approximately 8-10 years ago. This lift has broken pilings and is required to be replaced. It currently is partially submerged in the canal and is inoperable. ® In this canal there are currently (7) other boatlifts. The adjacent neighbor Jerry Estep, 958 Nautilus Isle, was just granted a variance to install (2) outside dolphin pilings and extend a lift into the canal a total of 17 '/z'. This request is for the exact same relief from code section 33-40, 13 (c). I am requesting that I be granted a variance to install (2) outside dolphin pilings at 17 '/z' from the seawall face and then connect a new 12,000# (4) pile cradle type lift onto them. (The (2) inside pilings exist on the new boat dock.) If you require any further information please contact me at 954-583-8500. Sincere , Michael M rrison FE6 - 6N04 2765 S.W. 36 Street, Dania Beach, Florida 33312 (954) 583.8500 Fax (954) 583-4212 www.morrisonbuilders.com City of Dania teach, Florida Growth Management Deparbrient ; Planning and Zoning Division - 6 2004 (954)924.3"5 FES Development Application rvae�at�Etteeption Date Reed: ® ring Petition Nei.; Q Land Use flange (3 Asslgrttis M 61 Plea/Reserve Units ® lftion Reclumt This application must be completed In full and submitted along with all necessary documents far it to be processed. THIS APPLXCANT WILL NOT 09 PLACED ON A BOARD OR COMMISSYON S AGENDA 4JHM IT IS COVAPLEM. Refer to the"Application Type"and"Required Docunwtatton"dtecidist to determine the supplemental documents required with each application. STAFF WILL PROVIDE THE APPROPRIATE CHt;IritLIST FOR EACH TYPE OF APPLICATION. All required exhibits must be collated In individual sets. Full sled 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 auttrortzed legal agent shall present protects to the pertinent board. For after the fact applitatlons,the responsible contractor of record shall be present at the hoard hearing, Their failure to attend may Impact upon the dispost ion of your application. Once placed on an agenda, the applicant or their authorized legal agent must be present at all meetings. AA Location Address: 1 u I , • Lot(s): Block: Subdivision: Recorded Plat Name: Fdlo Numbers):.$?7fJ,8 312 Legal Description: ?10 + 014 b Present Zoning: Present land Use: F.xplanatlon of Request: Prop. Net Acreage: Gross Acreage: Prop.Square Footage: Value of Improvement, Estd fate of Completion: Will Project be Phased: If yes,Esed Completion of each Phase: Ddsting Use; Proposed Use: Name of AppilcanVConsuitan resentatt drde one):kaCt( PuC A�bn POUt�0() OW Address of Applicant: 2'U5 'SLz�D 5 - T� 0(ul C, &I ch<- L�a 9u ness Telephon�,1` �5 Home: Fax: `"JCS 42-/Z 1d 3/14/03 Name of �-e,&99;mProperty finer:• Address of Property owner.—61 TO 0 !H 10 [Ste S wines Telephone: Home:415 A a- HO : list any additional action(i.e.special exception,variance,rezoning,etc.)that may be needed to support the proposed project: list aU previous action that has occurred on this property: NOTE: ALL SIGNATURES MUST BE NOTERIZED BY ORDE 0 0 DANIA BEACH CTTT CON�M ION. Swso and su t�for�m A This day of 2t Signature: te: � SSign Name Nqtar (Print Name) �� YeEce.� Print%me of Lary Storm Address,City,State and p Code , Commission way `t5q 5S5-$�DD i Cl S�-{�`tZl2 Seal: 90TWfEVMS Telephonea No. Fax Plc, �pE0 T1ft AM 1 WHEN PETITIONER IS NOT THE OWNER OF TINE suluECT prop RTtr, pLEASE coNKM THE FOLLOWMGj This is to certf y that I am the owner of u lands dq bed above and that I have autlmrized (Ap{ antlCon ItantJR�pr+ ntatfve) �b® � r►�I Cto make and fife the aforesaid application. Swam to and subscribed before me Owner: mrs—1—way of aoA_q Signature: teCkh— : 4AtZ?fIt L M A R e . Alp Name of Nola Punk (Print Name) State of('FI®�o�A.) ire 7 %&g&6EkL I 9TO.- NMAJOS Print Name of Notary Street Adess,dr Clty,State and Zip Code P l a r-i d *L Commission Expires: s q—911- I Q S •" sma o Telephone No.®Fax No. • MY COTOdalbn W254M Enna SePWnta A 20V NOTICE OR PUBLIC NEARINGCITY 0 NOTICE S 'A 8 EACH D HEREBY GIVEN L02-y-rie"AII EN Y e �C �\\�A UA8-04 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, Flori- da 33004,for the purpose of hearing any comments which might be made to the following request: Applicant:Michael Morri- son, Morrison Builders, representing: Property Owner: Andre Lemaire Location: 950 Nautilus Isle,Dania Beach wA-08-04-A variance re- quest to allow a boat liftto !extend 22% (17.5 feet) ;into a canal,when 10%(8 feet)is allowed according to the Dania Beach Zoning Code of Ordinances, Ap- pendix Section 33-40 Reg- dlation and use of water- ways and facilities).Prop- erty located at 950 Nauti- lus Isle. Legally described as: Lot 31 Shelter Islands as re- corded in Plat Book 43, • Page 6. in the Public Records of, Broward County,Florida. Copies of the proposed re- quest is available for viewing in the Community Development Depart- ment, 100 West Dania Beach Blvd.,Dania Beach, Florida between the hours of 8:00 a.m.and 4:00 p.m., Monday Fridayy 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- tngs 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 person who decides to appeal any decision made by the City 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 ,pon which the appeal is to based. Lou Ann Cunningham Plant Associate lAprl2 2004 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH VA-08-04 1904-2004 Cer�e�►r�o� 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: Michael Morrison, Morrison Builders, representing: Property Owner: Andre Lemaire Location: 950 Nautilus Isle, Dania Beach VA-08-04 - A variance request to allow a boat lift to extend 22% (17.5 feet) into a canal, when 10% (8 feet) is allowed according to the Dania Beach Zoning Code of Ordinances, Appendix Section 33-40 Regulation and use of waterways and facilities). Property located at 950 Nautilus Isle. Legally described as: Lot 31 Shelter Islands as recorded in Plat Book 43, Page 6 in the Public Records of Broward County, Florida. 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 prtr 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 _. G#�IFFI-N--ROACY__..__.. . .._.. ...........__............_--._..._._...._.. _... ..... ..-........ TARPON WATERWAY ti 9L WATERWAY PROPERTY MARLIN vA�os-off D r Z m DANIA NW 4TH ST OCEANW Y WATERWAY M. M. 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'. �\ ' i N\ r. I c 0 5O 1 A L.ri% CEKT7 Fl CATS: This is to certify that I have survayrd the property as deocribod and shown hereon and that the survey and sketch art, accurate and correct ' to the best of my knowledge And -belief. V . e sie JU� LII'vcy0r 1 O. :it6t� of Florid APR - 1 2004 N � a O _4 O O �* a ¢ @) m N N OO 3C] m � W O U- Qom' � E ow WWI =� O00 � 00 � � �¢ Omp Wok soo g Ur c 0 "ter a D Q, Y in.5 c D,— U cu '. 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