HomeMy WebLinkAboutR-2004-155 VA-43-04 TALOTTA RESOLUTION NO. 2004-155
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE
VARIANCE REQUEST SUBMITTED BY MICHAEL& PHYLLIS TALOTTA,
FROM CHAPTER 28, ZONING, ARTICLE 4, DISTRICT REGULATIONS,
SCHEDULE OF LOT, YARD AND BULK REGULATIONS FOR PROPERTY
LOCATED AT 605 SW 4 AVENUE, DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, Zoning, Article 4,
District Regulations sets the Lot, Yard and Bulk regulations for properties within the City of
Dania Beach; and
WHEREAS, Michael and Phyllis Talotta have applied for a variance (VA-43-04) to
provide a:
1) 4.9' side (north) setback; 7' required by city code; and
2) 5' rear (east) setback; 15' required by city code.
For property located at 605 SW 4th Avenue, in the City of Dania Beach; and
• WHEREAS, the Planning &Zoning Board on August 18, 2004, recommended that
the City Commission grant variance request VA-43-04 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-43-04, for a variance as described above
(from requirements in Chapter 28, Zoning, Article 4, District Regulations), a copy of which
is attached as Exhibit "A" is approved.
Section 2 . That all resolutions or parts of resolutions in conflict with this resolution
are repealed to the extent of such conflict.
• VA-43-04 TALOTTA
1 RESOLUTION NO. 2004-155
Section 3. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED THIS 14T" DAY OF SEPTEMBER, 2004.
_ � a
r
C.K. MCELY
MAYOR — COMMISSIONER
Y 'ATTEST: ROLL CALL:
COMMISSIONER ANTON - YES
—�CXJ COMMISSIONER CHUNN - YES
L"OUISE STILSON COMMISSIONER FLURY - YES
CITY CLERK VICE-MAYOR MIKES - YES
MAYOR MCELYEA - YES
APPROVED AS TO FO M AND CORRECTNESS:
• By. /
THOM J.1ANSBRO
CITY ATTORNEY
VA-43-04 TALOTTA
" 2 RESOLUTION NO. 2004-155
_ AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
_?
4_6
1. DATE OF COMMISSION MEETING: SEPTEMBER 14,2004
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING -VA-43-04 - PHYLLIS & MICHAEL
TALOTTA FOR VARIANCE REQUEST PROPERTY LOCATED AT 605 SW 4 AVE
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND: TALOTTA RESIDENCE -VARIANCE REQUEST
TO ALLOW THE FOLLOWING:
a) To provide a 4.9' side (north) setback; 7' required.
b) To provide a 5' rear(east) setback; 15' required.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Resolution
Staff Report
Comment Sheets
Variance Application
Public Hearing Notice
. Mailing List/ Location Map
Building Elevation
Survey
Plan
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Planning and Zoning Advisory Board recommended approval with conditions at their August
18,200 regular meeting.
Submitted by:
Laurence G. Leeds, AICP, Director Date September 1, 2004
Community Development Department
City Manager Date
CITY OF DANIA BEACH
DEPARTMENT OF COMMUNITY DEVELOPMENT
MEMORANDUM
DATE: September 14, 2004
TO: Ivan Pato, City Manager
VIA: Laurence Leeds, AICP, Director C C
FROM: Corinne Church, AICP, Principal Planner
SUBJECT: VA-43-04: Request by Phyllis and Michael Talotta for
setback variances to allow for an addition to an existing
single family horse (605 Sly/ 4 Avenue).
Variance:
1. To provide a 4.9' side (north) setback; 7' required; and
2. To provide a 5' rear (east) setback; 15' required.
The subject property is zoned Residential (RD-8000). The property to the north,
south and east are also zoned RD-8000.
Side (North) Lot Line: The site plan shows a two story addition that will include
a garage, workshop, and a second floor bedroom, bath and study. The plan shows
a 4.9 foot setback along the north lot line for the addition, which is the same as the
existing carport (The zoning code requires a 7 foot side yard setback for an addition
of this size). The addition will abut the rear yard of duplex fronting SW 6th Street.
Rear (East) Lot Line: The site plan shows a 5 foot rear setback measured from
the north property line to the proposed workshop addition. The zoning code
requires a 15 foot rear setback. If the workshop was relocated or eliminated, the
rear setback variance would not be needed. The proposed workshop, which is the
closest proposed structure to the south neighbor, will be 8 feet high as measured to
the roof line. The second story addition, which measures approximately 18 feet to
the roof line, will be setback 15 feet from the rear property line. The setback of the
second story building will reduce the visual impact on the surrounding properties.
The addition will abut the rear yard of a single family home fronting SW 6t Street.
In addition, there is a tree located on the property where the proposed garage is to
be located. Therefore the applicant must apply for a tree removal permit prior to
issuance of a building permit.
Staff has the following comments.
1. Identify windows as new or existing.
2. Provide color detail of main structure, trim, awnings and roof material for the
file (not mounted).
3. A tree removal permit must be granted prior to issuance of a building permit.
4. Building permit plans must be signed and sealed.
5. Letter from owner acknowledging that addition cannot be converted to a
second housekeeping unit.
PLANNING AND ZONING BOARD RECOPRMENDATION
On August 18, 2004 the Planning and Zoning Board recommended approval
subject to above conditions.
STAFF RECOMMENDATION
Approval, subject to above conditions.
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
ROUTING SHEET
Route Date: 8/3/2004 PZ Log: IVA-443-04
Project: TalRt Residence Folio: 5142-03-05-0166
Route Via: Mail ❑ Pickup: ❑ In-house: Fv�
PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE
INCORPORATED IN THE COMMUNITY DEVELOPMENT 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 Marshall: Ed Tarmey Ej Planner: Corinne Church
❑ Public Service: Fernando Vaquez ❑ Landscape Consultant
❑ Approved as submitted: ❑ Denied:
❑ Comments must be addressed and ❑ Approved with conditions:
resubmitted prior to City Commission
List conditions: FQE _ Rp?,iovcd fps soamI ITS - SBw
IS r��NS. SP�Nr
Signature
Print Name
• Date
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
ROUTING SHEET
Route Date: 7/21/2004
PZ Log: V�►-43-04��..__.._..._�..�.
Project: ITalotta Residence Folio: 5142-03_05�0161
Route Via: Mail ❑ Pickup: ❑ In-house: 0
PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE
INCORPORATED IN THE COMMUNITY DEVELOPMENT 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.
W Fire Marshall: Ed Tarmey ❑ Planner: Corinne Church
❑ Public Service: Fernando Vaquez ❑ Landscape: Bill Tesauro
ZApproved as submitted: ❑ Denied:
❑ Comments must be addressed and ❑ Approved with conditions:
resubmitted prior to City Commission
List conditions:
L- T JD A4i( VALi � SFZ AAW1nun;
duo rll,5h�
Signature
l 1ZdY1,r�
Print Name
7XtL
Date
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
ROUTING SHEET
Route Date: 7717 41 PZ Log: VA-43-04�77 '
Project: JTaIotta Residences Folio: 5142-03-05-0161
Route Via: Mail ❑ Pickup: ❑ In-house: ❑�
PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE
INCORPORATED IN THE COMMUNITY DEVELOPMENT 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 Marshall: Ed Tarmey 0 Planner: Corinne Church
❑ Public Service: Fernando Vaquez ❑ Landscape: Bill Tesauro
❑ Approved as submitted: ❑ Denied:
y!J Comments must be addressed and ❑ Approved with conditions:
resubmitted prior to City Commission
List conditions:
I
Signature
Print Name
7^
Date
-w CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
ROUTING SHEET
Route Date: 7/217004 PZ Log:
Project: Talotta Residence _ Folio: 5142-03-05-0161—�
Route Via: Mail ❑ Pickup: ❑ In-house:
PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE
INCORPORATED IN THE COMMUNITY DEVELOPMENT 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 Marshall: Ed Tarmey ❑ Planner: Corinne Church
❑� Public Service: Fernando Vaquez ❑ Landscape: Bill Tesauro
Approved as submitted: ❑ Denied:
❑ Comments must be addressed and ❑ Approved with conditions:
resubmitted prior to City Commission
List conditions:
�A
Print Nam
�/// �
Date
MaT CAD Designs
Limited Company
Michael A. Talotta
City of Dania Beach
Building and Zoning
100 West Dania Beach Blvd.
Dania Beach FL 33004
Re: Setback variance request for 605 SW 4 AVE
August 1,2004
The application is requesting a variance for the north side setback to be 4.9' to keep in line a
proposed addition that includes a proposed one car garage with a second floor with an additional
bedroom and study area. At the time when the existing house was constructed in the 1950's, the
setback requirements were different. These setbacks conflict today with new zoning setbacks.
The variance is also requested to a rear setback of 5'-0"to construct a 120 square foot single
story workshop with a hip roof. The granting of this variance will stay in harmony with the
general intent and purpose of this chapter, and that such variance will not be injurious to the area
involved or otherwise detrimental to the public welfare. The overall project will revitalize and
improve the surrounding area since the surrounding areas show signs of distressed.
Sincere ,
Michael A. Talotta
AUG - 3 004
•
605 Southwest 4 Avenue O Dania Beach, Florida 33004
(954)921-8966• Email:matcad@bellsouth.net
City of Dania Beach. Florida
• Department of Comrl wnity Development
Planning and Zoning Division
(954) 924-3645
General Development Application
® Assigment of Flex/Reserve Units
® Land Use Amendment J U L 2 1 2004
® Plat
a Plat Delegation Request
® Rezoning Date Reed:
® Site Plan
® special Exception Petition mo.: it A!t3.0
Q Special Request
® Traff ay Waiver
Al Variance
® Vacation Request
® Other.
AN ORIGINAL NOTARIZED APPLICATION, COMPLETELY FILED OUT, INCLUDING ALL
NECESSARY DOCUMENTS, IS REQUIRED BEFORE THIS APPLICATION WILL BE
ACCEPTED. U. 1HE APP�NCA 'I1P I it TFBEtllB A9ITIFEI�RA ED �EfsAll ACEMT
l�fl��' i3E�RISl=l�4 A�'SLR_PLAibMi AI�II) Z t�li�lG �.]ARI�A��CITY CO�R�ISS�
REFER TO THE ' "APPLICATION TYPEa AND "REQUIRE® DOCUMENTATION"
CHECKLIST TO DETERMINE THE SUPPLEMENTAL DOCUMENTS REQUIRED WITH
EACH APPLICATION.
loll Address: 605 SOUTHWEST 4 AVENUE
Lot(s): 16 Alt: N/A Subdivision: DANIA HEIGHTS ADDITION
Rem Plat Name: N/A
Folio Number(s): 514203050161 Legal DeSCrlplion: THE SOUTH 62.60 FEET OF
"DANIA HEIGHTS ADDITION"ACCORDING TO THE PLAT THEREOF RECORDED BOOK 28,PAGE 19
OF THE PUBLIC RECORDS OF BROWARD COUNTY FLORIDA EXCEPTING THEREOF THE S.7.5 FEET FOR ALL
ApplicanVC;onsuRanVLega1 Representative(cam one) Michael A.Talotta
Address of AppliCant 605 SW 4 AVE
Business TeI®phons: 954-655-2304 How: 954-921-8966 Fax: 954-921-89M
Name of Property Owner: Phyllis M.Talotta/Michael A.Talotta
Adder of Ply Off: 605 SW 4 AVE
Business Telephone: 954-65-9-2304 Home:954-921-8966 Fax: 954-921-8966
E*Wnatlon of Request VARIANCE TO MAINTAIN V-0"SETBACK ON NORTH PROPERTY LINE FOR NEW
ADDITION.5'-0'REAR SETBACK FOR WORKSHOP.
Gross Acreage: :Prop:Square Footage:
.prop. Net Acreage- _ 6,513 SO FT
• Eidsting Use: RS-8000 Proposed Use: SAME
Ys property owned Individually,by a corporation,or a ant venture? INDIVIDUALLY
APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Swom to and subscribed before me Applicant Dr�ultartt/Representative:
_In' L2—day of 20&`f.
Signature:
Date: -7 1 t Z/a 4
CiNarnmie�offtary Public (Print Name)
f( )
6c)S S4) 4 AuL- QWJ'A (�,0Ac1J 33004.
Print Name of Notary Street Address,City,State and Zip Code
lot- ��_ 47 9�1 '699 LG54) 6s5 - 0 4
Telephone No. &Fax No.
i Notary Public State of Florift
M1 Comm.Expires Fab 20.200
Commission 0 D0276137
•
INDIVIDUAL OWNER NOTARIZED SIGNATURE:
Ibis is to certify that I am the fee simple owner of subject lands described above and that I have
authorized (Applicant/ConsultanVikepresentative) to
make and file the aforesaid application.
Sworn to and subscribed before me Owner:
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.
•
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH Cenfennial
VA-43-04 1904 2004
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on
Tuesday, September 14, 2004 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 request:
VA-43-04 — Variance request by Request by Phyllis and Michael Talotta for setback variances
to allow for an addition to a property located at 605 SW 4 Avenue. (Chapter 28, Article 4 District
Regulations, Schedule Of Lot, Yard And Bulk Regulations)
Variance reads as follows:
1. To provide a 4.9' side (north) setback; 7' required; and
2. To provide a 5' rear (east) setback; 15' required.
The property is legally described: The South 62.50 feet of Lot 16 of "Dania Heights Addition"
according to the plat thereof as recorded in Plat Book 28, Page 19 of the public records of
Broward County, Florida excepting therefrom the South 7.5 feet for alley.
Copies of the proposed petition are available for viewing in the Department of Community
Development, 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 Planning and Zoning Advisory
Board or 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: September 3, 2004
Refer to the back of this notice for a Location map of the site
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21 eamu to
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4R MAT A �9 ey
(� Pack 3Z.50in
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q l l� "tee N 7.2 tl '� V
�Q W /STORY N
�ry ss N R�S,iDEH .
c ,s, ams
• .3� '� 44�4' N
Mr
9C �• //O.OG' S. 7.3'POdALLEY
77
d"�•. lj PAI�EMENT
..7.,y '44�yM...FA'�O:bi ,,�,... ILA. xll ..AY1
/ 20 / -
L07 LOT
22 z. 3
J U L 2 1 2004
GRAPHIC. SCATHE.
•
o _ to 30 40 40
6gry
( IN FEET )
1 inch = 20 ft. v►4-�3 -��
S.W. 6*N ST.'
NOS TO SCALrG
a
LOCATION MAP s:w �'" sT. t
LEGAL DESCRIPTION:
THE 5OUTH 62.50 MET OF LOT16 or"DANIA HEIGHTS ADDITION"Ar.CORDIUGTO THE
PLAT -fHEREaF AS RGCOeDEID IN PLAT 500K 78,PAGE 19 of TWF-FU2UC RSML'aS OF
BROWARD CoLINTY1 FLORIDE EXCEPTING THEREFROM "(HE 5OUTH 7.5 FEET FORALLEY.
ABBREVIATION U.E.= UTILITY EASEMENT
R=RECORD D.E.= DRAINAGE EASEMENT
M=MEASURED A.E.= ANCHOR EASEMENT
P.0.8.= POINT OF BEGINNING C/L= CENTERLINE
P.O.C.= POINT OF COMMENCEMENT R/W= RIGHT—OF—WAY
RAD.= RADIUS P.C.= POINT OF CURVATURE
A = DELTA P.C.P= PERMANENT CONTROL POINT
T= TANGENT O= SET IRON ROD & CAP #2409
C= CHORD x = CHAIN LINK
h—# = WOOD FENCE P.P.= POWER POLE
= FOUND IRON ROD O= FOUND IRON PIPE
0= FOUND NAIL = FOUND NAIL & TAB
FOUND DRILL HOLE O
N.G.V.D.= NATIONAL GEODETIC VERTICAL CONTROL
COMMUNITY NUMBER PANEL NUMBER SUFFIX DATE OF FIRM INDEX FIRM ZONE BASE FLOOD ELEVATION
120034 309 P 8/18/92 x NA
Diagram # 1
The top reference level floor from selected diagram is at an
elevation NA NGVD29
The elevation of the lowest grade Immediately adjacent to the
building is L4 NGVD29
The elevation of the lowest floor NA NGVD29
Lowest Floor. Garage— Sunken Floor_, Finish Floor —
BENCHMARK: ELEVATION NO REQUIRED
ELEV=
DATE OF FIELD SURVEY:
PREPARED FOR P14YLLIS TA•LOTTA AND MICHAEL TALOTTA
&05 S.W. 4"AVE
PAN IA, FLORIDA
7WS DRAWING IS NOT VAUD UNUBS R BEARS
EMBOSSED SEAL OF AAPUCAI E SURVEYOR.
SURVEY WAS NOT ABSTRACTED RM FASENENTS
OR IMM-OF-WAYS OF RECORD BY ON UNIEL '
rdoe 11018
DRAWN BYSMD DATE0 CERTIFY TO:
DATE REVISION F.B. SIGNATURE PHYLLI5 TAUyTTA AND M ICHAEL rQL(OTTA
Base Line land Surveyors le. l Ir
c fend Planner/CO-L layad/Top "9n Unim.FL MW M
LINDSTEDT PREV
MO7� 9 RED LAND SIRVIYOR
MG SM-Fas STATE IF FLORIDA i:l 9409