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Home My WebLink AboutR-2003-043 VA-69-02 WALTON - MARCH 25, 2003, COMMISSION • RESOLUTION NO. 2003-043 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY WILLIAM F. WALTON III, FROM CHAPTER 28, ZONING, ARTICLE 5.36 "WALLS, FENCES AND HEDGES", FOR PROPERTY LOCATED AT 228 SE PARK STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, Zoning,Article 5.36"Walls, Fences and Hedges", sets the Height limitations for walls, fences and hedges within the City of Dania Beach; and WHEREAS, William F.Walton III has applied for a variance (VA-69-02)to allow for an after- the-fact variance to maintain a six foot high wood fence in a required front yard (fences may not exceed four feet in height in a required front yard);for property located at 228 SE Park Street, Dania Beach; and WHEREAS,the Planning&Zoning Board on February 19,2003, recommended that the City Commission deny variance request VA-69-02 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-69-02, for a variance as described above (from requirements in Chapter 28, Zoning, Article 5.36"Walls, Fences and Hedges" ), 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 25TH DAY OF MARCH, 2003. VA-69-02 Walton 1 RESOLUTION NO. 2003-043 iB B ANT N MAYOR —COMMISSIONER A TEST: ROLL CALL: COMMISSIONER CHUNN -YES COMMISSIONER FLURY-YES CHARLENE JOHN N COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR MCELYEA - YES MAYOR ANTON -YES APPROVED AS TO FOR A CORRECTNESS: THOMAS,J. AN.S8RO CITY ATTORNEY VA-69-02 Walton 2 RESOLUTION NO. 2003-043 APPLICATION NUMBER: �1 CITY OF DANIA BEACH Date stamp-D� 100 WEST DANIA BEACH BLVD. f —��- • DANIA BEACH, FL 33004 (954) 924-3645 APPLICATION FOR VARIANCE The undersigned petitions the City Commission of the City of Dania Beach, Florida to con the variance of the parcel(s)of land described in this application. seder NAME OF APPLICANT: WILLIAM F. WALTON III Phone: (954-921-6396) ADDRESS OF APPLICANT: 228 S.E. Park Street Fax: PROPERTY INTEREST OF APPLICANT. Same as above NAME AND ADDRESS OF PROPERTY OWNER: m as above ADDRESS AND LEGAL& FOLIO OF SUBJECT PROPERTY:DANIA BEACH SUB 8-1 B LOT 6&7 PRESENT ZONING.RESIDENTIAL BLK 3 LOT SIZE/AREA: 10OX100 PRESENT/PROPOSED USE OF PROPERTY: RFcrnF�TTT ,, —��RFCTIIF TTTAT • DESCRIPTION OF VARIANCE(S): (LIST THE ZONING CODE SECTION YOU WOULD LIKE THE VARIANCE FROM AND WHAT IS PROPOSED -PLEASE CONTACT THE ZONING DEPARTMENT /\ FOR ASSISTANCE WITH THE ZONING REGULATIONS AND ARTICLE NUMBERS): LIST THE NAMES,ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF AN ARCHITECT,ATTO N/EY): Y(I.E. PLEASE COMPLETE THIS PORTION OF THE APPLICATION VARIANCE MUST STAND ON ITS OWN MERI CAREFULLY. EACHREQUESTFORA TS WITHOUT REGARD TO ANY OTHER PROPERTY. The following questions pertain to the criteria upon which the City Commission and Planning and Zoning Board will consider this application. 1) Describe how 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. CURRENT FENCES LOCATED AT THE FRONT OF THE PROPERTIES WITHIN THE CITY OF DANIA BEACH, BUT NOT ALL, ARE NEIGH 4F.FKR Tn KFFD '�'D/�TT �+„� pT 4AMF uFTnvm ,,,., • FLOOD MANAGEMENT WITH HELP OF GROWTH MANAGEMENT DEPARTMENT CITY OFDANIA LEACH. 2) Provide evidence that the special conditions and circumstances do not result from the actions of the applicant. MANY FENCES CURRENTLY SET AT SIX FEET ADJACEMENT TO THE FRONT FACING PROPERTY 3) Describe how granting the requested variance(s) will not confer any special privilege on the applicant that is denied by the zoning code to other lands, buildings or structures in this same zoning district. Granting this request will not confer any special privilege on the applicant �Le to th facti that fences set at this height already exist 4) Provide evidence that the literal interpretation of the provisions of the zoning code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. The applicant is unware of the literal interpretation of the provisions of the 5) Describe how the regnnuggested variance is the minimum variance that will make possible the reasonable use THE of the REQUESTEDIVARIANCEcIS THE MINIMUM VARIANCE AND WILL MAKE POSSIBLE THE RFASONAR . , r POD' ALL LAND ATTACHED TO THE APPLICANTS HOME • 6) Explain how the grant of the variance(s) will be in harmony with the general intent and purpose of the zoning code, and that such variance(s) will not be injurious to the area involved or otherwise detrimental to the public welfare. THE GRANTING OF THE VARIANCE WITH THE ASSISTANCE OF THE GROWTH MANAGEMENT TEAM WILL BE IN HARMONY WITH THE GENERAL INTENT AND PURPOSE OF THE ZONING OD IF TR H b v AND THE CITY ('nTNT.fTSRTrIN AGRFF THAT TRTR IAT2Terrrt, rrTTT �Tnm ar INJURIOUS TO THE AREA INVOLVED OR ORTHERWISE DETRIMENTAL TO THE PUBLIC WELFARE. 7) Please add any other comments which may assist the City Commission and the Planning and Zoning Board in reviewing this request. suc GRANTIN" OR 3:11 rr�ARTwAMrL- ' Tr' A.R"RT TRF rTTV ANTI TRF RrIMFnrnT�v r*r CREATING ANOTHIiR HOME OF HISTORIC VALUE THIS VARIANCE IS REQUESTED WITH THE INTENT OF IMPROVING THE VALUE OF THE BLOCK WHERE THIS RESIDENCE IS LOCATED. This is to certify that I am the owner of the subject land s) described above in the petition for variance. ----- �(C mpiete only if applicable) I have also authorized the undersigned petitioner "In TYto make and file this applicatio�fbr ri c � STATE OF FLORIDA Print Name: COUNTY OFBROWARD ��:Z.e,.••••••., 00 ��i .oWSI0/y The forgoing instrument was acknowledged before me on _ :a°�oee;�° •`�,p,y �'Gt/q/ I / / as ftftle)_ f na 6fi a Florida Corporation,who is onall k�wrtt m P _ d as identification. s My Commission Expires-A4•I Q. p 0 '�i� BL FOR USE WHEN APPLICANT IS NOT OWNER OF SUBJECT PROPERTY: THIS IS TO CERTIFY THAT I AM THE OWNER OF THE SUBJECT LANDS DESCRIBED ABOVE IN THE APPLICATION FOR VARIANCE AND THAT ® I HAVE AUTHORIZED TO MAKE AND FILE THE AFORESAID APPLICATION. SIGNATURE OF PROPERTY OWNER STATE OF FLORIDA Print Name: COUNTY OF BROWARD - - '- — The forgoing instrument was acknowledged before me on 2001 by as(title)_ for[name of entity) as identification. a Florida Corporation,who is_personally known to me,or__produced My Commission Expires: NOTARY PUBLIC Check list for Planning Dept: Plan Fee_ Survey • _ AGENDA REQUEST FORM CITY OF DANIA BEACH • e AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: MARCH 25, 2003 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARINGS -VA-69-02 VARIANCE 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION &BACKGROUND: VA-69-02 - Request by William F. Walton III for property located at 228 SE Park Street, Dania Beach, for an after-the-fact variance to maintain a six foot high wood fence in a required front yard (Fences may not exceed four feet in height in a required front yard). 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Resolution Variance Application Public Hearing Notice ® Location Map/Mailing List 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board recommended denial of this request at their February 19, 2003 regular meeting. Submitted by: Laurence G.Leeds,AICP, Director Date March 7,2003 Growth Management Department City Manager Date GROWTH MANAGEMENT DEPARTMENT STAFF REPORT DATE: March 25, 2003 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director RE: VA-69-02 - Request by William F. Walton III for property located at 228 SE Park Street, Dania Beach, for an after-the-fact variance to maintain a six foot high wood fence in a required front yard (Fences may not exceed four feet in height in a required front yard). The applicant installed a six foot wood fence, parallel to sidewalk, approximately two- three feet from the front lot line. The maximum allowable fence height in the front yard setback is four feet. Six foot high fences are required to be set back 25 feet from the front lot line or a distance equal to the building (house) setback. • The subject parcel (two lots) is located on the south side of SE Park Street approximately mid-block between SE 2"d and SE 3rd Avenues. One lot is developed as a residential dwelling unit, the other lot is vacant. The six foot fence is located on the vacant lot. The south side of Park Street is developed primarily as single family residential while the north side of the street is development primarily as multi-family and duplex. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION The Planning and Zoning Advisory Board recommended denial (3-2) of the requested variance. If the City Commission chooses to approve the variance, approval shall be subject to applicant removing mulch from in front of the fence and restoring said area with sod or other plantings approved by staff (90 days from Commission approval). NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on Tuesday, March 25, 2003 at 7:00 p.m., or as soon thereafter as possible, in the Commission Chambers in the City of 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: VA-69-02 - Request by William F. Walton III for property located at 228 SE Park Street, Dania Beach, for an after-the-fact variance to maintain a six foot high wood fence in a required front yard (Fences may not exceed four feet in height in a required front yard). Legally described: Lot 7, Block 3, Dania Beach Subdivision, according to the plat thereof, as recorded in Plat Book 8, at page 1, of the public records of Broward County, Florida. Copies of the proposed petitions are available for viewing in the Growth Management 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 Charlene Johnson,City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (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 Technician Publish: March 14,2003 See reverse side for location map of property O9V QQLL LL N ee�� ss�� ee�� • ee��• aN sN ..��{{ ee�� ss}} ssyy• N O O O O N O O O N N d O O O J O O O O O O O O O M O O O O O M O M O O O O O O O O O O M O 0 0 J J M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M coo M co co M M M co M M M M M M M M M M M LL LJL . N J m -J y LL — () LL U. 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