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Home My WebLink AboutR-2004-210 Kevin Herring (VA-60-04) RESOLUTION NO. 2004-210 A RESOLUTION OF THE CITY OF DANIA BEACH APPROVING THE VARIANCE REQUEST BY KEVIN HERRING FROM CHAPTER 28,ZONING, ARTICLE IV, SCHEDULE OF LOT YARD AND BULK REGULATIONS, FOR PROPERTY LOCATED AT 665 SW 11T STREET(WITHIN THE COMMUNITY REDEVELOPMENT BLOCK GRANT AREA), DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 28, Zoning, Article IV, sets the lot, yard and bulk regulations for residential areas within the City of Dania Beach; and WHEREAS, Kevin Herring has requested the following variances (VA-60-04): 1. To allow construction of a single family residence on a 40 foot deep lot; 90 foot lot depth is required. 2. To allow construction of a single family residence on a 4,406 square foot lot; 6,000 square feet required. 3. To waive the minimum front yard(east)setback to allow a 7 foot setback;25 feet is required. 4. To waive the minimum rear yard(west)setback to allow a 7 foot setback; 15 feet • is required, for property located at 665 SW ls` Street, Dania Beach; and WHEREAS,Chapter 28,Article 10.14 states that variances from lot frontage and lot size for property located within the officially designated Community Development Block Grant Redevelopment target area shall be heard directly by the City Commission; and WHEREAS, staff has recommended that the City Commission grant variance request VA- 60-04 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-60-04,for a variance from Chapter 28,Zoning, Article IV, Schedule of Lot Yard and Bulk Regulations, of the City of Dania Beach Code of Ordinances, a copy of which is attached and made a part of this Resolution as Exhibit `'A", is approved, subject to the following conditions: 1) Construction limited to a one story, three bedroom home. 2) Provide 2 additional off-street parking spaces for a total of 4 parking spaces. 3) Provide a 10 foot east setback adjacent to Phippen Road. 4) Installation of traffic control/warning device along Phippen Road, if deemed necessary, by the Public Services Director. 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 January 11, 2005. D C.K. M ELYEA MAYOR—COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER ANTON - YES A '( p ;, (Jyf� COMMISSIONER CHUNN - YES LOUISE STILSON COMMISSIONER FLURY - YES CITY CLERK VICE-MAYOR MIKES —YES MAYOR MCELYEA - YES APPROVED AS TO O AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION NO. 2004-210 City of Wilma Beach, Florida Department of Community Development Planning and Zoning Division = ' (954) 924-3645 General Development Application U Assignment of Flex/Reserve Units OCT 1 2 2004 ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request ❑ Rezoning Date Rec'd: ❑ Site Plan ❑ Special Exception Petition No.: VA-60-0L_ ❑ Special Request ❑ Trafficway Waiver Variance ❑ Vacation Request ❑ Other: AN ORIGINAL NOTARIZED APPLICATION, COMPLETELY FILED OUT, INCLUDING ALL NECESSARY DOCUMENTS, IS REQUIRED BEFORE THIS APPLICATION WILL BE ACCEPTED. IMPORTANT• THE APPLICANT OR THEIR AUTHORIZED LEGAL AGENT DUST BE PRESENT AT ALL PLANNING AND ZONING BOARD AND CITY COMMISSION MEETINGS. REFER, TO THE "'APPLICATIONI TYPE" AND -REQUIRED DOCUMENTATION" CHECKLIST TO DETERMINE THE SUPPLEMENTAL DOCUMENTS REQUIRED WITH EACH APPLICATION. Location Address: _ LP�5 e w I STP,- Lot(s): 1) 3 S Block: Subdivision: C�E-L✓-6, 1 ►1 i 1'¢��.t'-1 Recorded Plat Name: Folio Number(s): Q a- D`> OC>L (U Legal Description: "A' Gwl; C U0. ei-' PE,N S tr\.�cheu � �.�tVtSiL�I�L PLR'T_ �3<.`Y',K � P!�C,� �lT'� ppl onsultant/Leg(a'l Representative(circle one) yc� it^ Address of Applicant: M:k�4yt=.i C'i 3:i u6 i Business Telephone: `1 O—LIST--" '),Home: `1i( Ll8S S3a1 Fax: `i5q il�rS ' 5(Aj � � o Name of Pro C -V I+� E-�'�-I� jr) Property owner: �� P hfA7_..A( Address of Property Owner: q Business Telephone: `K'18G "s:321 Home: JA(- V F(c^ `&3 D-( Fax: Explanation of Request: 1�n�.ti,nl�G-t - 1_ C(2 111L; ( L�'_. `tip 1)TA Prop. Net Acreage: Gross Acreage: 1C P Li Prop. Square Fu6tage: Existing Use: - k V� (--,Aqf Proposed Use: 5N(�LAL", VAikVLL, -'J • Is property owned individually, by a corporation, or a joint venture? C'6VP(-)PA--F�C')C4 APPLICANT, CONSULTANT,OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE 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. • 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 (Applicant/Consultant/Representative) 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. CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and ttpj I, s a duly autho 'zed officer, have authorized (Applicant/Consultant/Representative) N� to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: 0A-V-'5A This)day of C'�� 20 Signature: Date: (Print Name) Sign Name of No P lic (Print Title) State r-Ie'. , L°f': �{og Q6 � f r�� t�A��ASS pAvC, f c. 33ac, t Print Name of Nota Street Address, City, State and Zip Code Commission Expir • —19 La y gic `63 d-1 f AX " `TS`)- /.S S Sb9 Seal: OMM -- Telephone No. &Fax No. ommission DD29o483artr.� 'e'� ppires February 12.2008 JOINT VENTURE PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consultant/Representabve) to make and file the aforesaid application. Sworn to and subscribed before me This day of 20_ Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address,City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. Location �j 9 t f. it f; r; r, S z ir f r N' SIB@m f r i Kevin Herring VA-60-04 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: JANUARY 11, 2005 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING -VARIANCE REQUEST VA-60-04 (CONTINUED FROM DECEMBER 14,2004 HEARING) 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: VARIANCE REQUEST BY KEVIN HERRING FOR A VARIANCE TO THE MINIMUM LOT WIDTH FOR PROPERTY LOCATED AT 665 SW 1 STREET, DANIA BEACH. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Resolution Staff Report Comment Sheets Application Location Map Survey • 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds, AICP, Director Date: December 29,2004 Community Development Department City Manager Date CITY OF DANIA REACH • DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM DATE: January 11, 2005 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director G G Corinne Church, AICP, Principal Planner G$K SUBJECT: VA-60-04: Request by Kevin Herring for a variance to the minimum lot width, size and setback for a property located at 665 SW 1 Street (within the Community Redevelopment Block Grant Area). VARIANCE: 1. To allow construction of a single family residence on a 40 foot deep lot; 90 foot lot depth is required. • 2. To allow construction of a single familyresidence on a 4 406 , square foot lot; 6,000 square feet required. 3. To waive the minimum front yard (east) setback to allow a 7 foot setback; 25 feet is required. 4. To waive the minimum rear yard (west) setback to allow a 7 foot setback; 15 feet is required. On December 14, 2004 the City Commission continued this item to allow the applicant to present additional information. The subject parcel is located within the Community Development Block Grant ("CDBG') Area. The City Code waives Planning and Zoning Board review of variance applications within the CDBG. As such, there is no Planning and Zoning Board recommendation. The subject property is zoned Single Family Residential (RD-8000). The property is currently vacant and is located on the south west corner of Phippen Road and SW 1 Street. The property is a corner lot with residences located to the west and south. The applicant is proposing to construct a one-story, 1,380 square foot, 3 bedroom/2 bath, single-family residence. The home is 23 feet wide. The site plan complies with both city code parking and pervious area requirements. 1. To allow construction of a single family residence on a 40 foot deep lot; 90 foot lot depth is required. The property is an existing corner lot with a residential structure to the west. Therefore assembly of additional land area is not possible. The existing lot depth of 40 feet is the measurement between the east and west property line. Due to the existing dimension of the lot, the applicants hardship is not self imposed. Therefore, staff recommends approval of this variance request. 2. To allow construction.of a single family residence on a 4,406 square foot lot; 6,000 square feet required. As discussed above, the lot dimensions exist and are not self imposed. However, staff believes additional parking is necessary to ensure adequate area for resident and guest parking on site. Therefore staff recommends that 2 additional parking spaces be provided to the south of the proposed parking. Please note in excess of 40% pervious area will still be provided after the two spaces are added to the plan. This variance is necessary to allow a single family home to be developed on this lot. Staff recommends approval provided the applicant provides four paved off street parking spaces 3. To waive the minimum front yard (east) setback to allow a 7 foot setback; 25 feet is required. The Zoning Code defines the front of a building being the same as the main entrance of the building. As such staff feels the proposed 7 feet is not sufficient for a street side which will function as a front yard. Staff recommends approval of a 10 foot east side setback. 4. To waive the minimum rear yard (west) setback to allow a 7 foot setback; 15 feet is required. Due to the orientation of the proposed house, the rear yard is considered to be to the west of the structure. Physically the west setback would be consistent with the side setbacks provided by the existing adjacent homes. This variance request would be consistent with the existing homes on the block; therefore staff recommends approval of this variance request. Because the home is setback only 10 feet from Phippen Road, Public Services shall determine if a traffic control/warning device (guardrail, reflectors, signage, etc.) is • warranted. PREVIOUS,CITY COMMISSION ACTION On December 14, 2004 the City Commission continued this item to allow the applicant to present a floor plan and building elevation. STAFF RECOMMENDATION Approve of all variances subject,to: 1. Construction limited to a one story, three bedroom home. 2. Provide 2 additional off-street parking spaces for a total of 4 parking spaces. 3. Provide a 10 foot east setback adjacent to Phippen Road. 4. Installation of traffic control/warning device along Phippen Road if deemed necessary by the Public Services Director. • = CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET PLLAREVIEf�fStTPitl 7`, ► II►1E 1 1=A1 Route Date: 0/12/20 PZ Log: VA-60-04 Project: IKEVIN HERRING RESIDENT Folio: 5042-34-05-0 Route Via: Mail ❑ Pickup: ❑ In-house: Fv_1 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 W Planner: Corinne Church i ❑ Public Service: Fernando Vaquez ❑ Landscape Consultant ❑ Approved as submitted: ❑ Denied: Comments must be addressed and L] Approved with conditions: resubmitted prior to City Commission List conditions: K._l��-'�� ,C�(�1`t �L�.C.✓f t�r"1 C+ �� 71i`ri/��/Y�� . � <yo1a� Signature Print Name ---! _L(Q-o --- - - Date CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET r $F // IlAN t llF? :F IIPE Route Date: 0/12/2004 _._f PZ Log: VA-60-04-........ Project: 1KEVIN HERRING RESIDENT Folio: 5042-34-05-0010 Route Via: Mail ❑ Pickup: ❑ In-house: 7 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 Consultant Lvj Approved as submitted: ❑ Denied: ❑ Comments must be addressed and ❑ Approved with conditions: resubmitted prior to City Commission List conditions: Signature Print Nam Date • - CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET S ��!( Sty' � � -tl �.•� Route Date: 0/12/2004, PZ Log: VA40-04 —..... Project: KEVIN HERRING RESIDENT Folio: 5042-34-05-0010 Route Via: Mail ❑ Pickup: ❑ In-house: 41- 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 Iv] Public Service: Fernando Vaquez ❑ Landscape Consultant I_- Approved as submitted: ❑ Denied: Comments must be addressed and ❑ Approved with conditions: resubmitted prior to City Commission List conditions: Sign re Print Name A 6��Y to Calvin, Giordano & Associates, Inc. Engineers • Surveyors • Planners November 2, 2004 F Mr. Fernando Vazquez, P.E. Director,Public Service City of Dania Beach 100 West Dania Beach Boulevard Dania Beach,Florida 33004 RE: Site Plan Review—Kevin Herring, VA-60-04 CGA Project No. 97-1826 Dear Mr. Vazquez: Comments are noted below for the above noted site plan: Review date— 11/2/04 Plans dated— 10/12/04 Overall 1. A City of Dania Beach engineering permit will be required for this project. Detailed engineering plans will be required at that time. 2. We have no engineering comments reguarding this site plan. • Please let and know if you have any comments or questions. Calvin, Giordano and Associates, Inc. is an independent reviewing entity and has no financial or professional interest in this project or with the entity making this site plan application. Sincerely, CALVIN, GIORDANO & ASSOCIATES, INC. Karl Kenn y, P.E. . Associate Reply to: ISignature e above not site plan comments. 1800 Eller Drive,Suite 600 uez, P.E. Fort Lauderdale,FL 33316qPhone:954.921.7781 ic Service Fax:954.921.8807 We Village Blvd.,Suite 340 West Palm Beach,FL 33409Phone:561.684.6161 —�561.684.6360 Date 0"",calvin-giordand.com P:\PROJEC is \1997\971826 DANIA MISCELLANEOUS\ENGINEERING\CORRESPONDENCE\LETTERS AND REPORTS\KEv[N HERRING SITE PLA,N.DOT y • JO-OH 5. K�AT LE PA. ARCHITECTURE • INTERI0R1• PLANNING October 8,2004 Ms.Corinne Church Principal Planner City of Dania Beach 100 West Dania Beach Boulevard Dania Beach,Florida 33004 Re: Criteria Statement Kevin Herring Residence Southwest I"Street&Phippen Waiters Road Dania Beach, Florida Dear Corinne: The Proposed Single Family Residence is to be located at Southwest 15L Street and Phippen Waiters Road, Dania Beach, Florida.The Project complies with all the criteria found in the Planning and Development Code of Ordinances for the City of Dania Beach,Article 10 Section 10.13(Variances). 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. The Site is located in the RD-8000 Zoning District.The minimum lot width for this district is 80'and the Property is only 40'wide.This is not unusual for this area as adjacent residential sites are also 40'wide. B. That the special conditions and circumstances do not result from the actions of the applicant. The vacant property could almost be considered an infill property, as it is a vacant parcel abutting other single-family residences of roughly the same lot size.The area was subdivided prior to the zoning designation of RD-8000. C. That granting the variance requested would 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 Owner of the Property would like to build a single-family residence. All of the set backs, height and lot coverage requirements will be adhered to. This will only enhance the present community and serve the same purpose as the surrounding properties. D. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the • terms of this chapter and would work unnecessary and undue hardship on the applicant. 2417 HOLLYWOOD BOULEVARD HOLLYWOOD, FLORIDA 33020 PHONE: 954/920-5746 • EMAIL: KALLER@BELLSOUTH.NET • FAX: 954/926-2841 The literal interpretation would not allow the property Owner or anyone to build on the • property as the lot width does not conform to the present zoning designation. E. That the variance granted is the minimum variance that will make possible the reasonable use of the land,building or structure. The variance request on the lot width is the minimum variance required to develop the land. No other variances are being requested on this Project. F. That the grant of the variance will be 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. Granting the variance still supports the general intent of the Code of Ordinances and Article 10. There would be no detrimental effect on the community or the City of Dania Beach,but rather this Project would enhance the street in-filling the vacant lot in the community. If you have any questions,please feel free to contact this office. Sincerely W & s ci es,P.A. • •