HomeMy WebLinkAboutR-2003-044 Approving the variance request for RS-3 Single family zoning district 5870 SW 37th ave RESOLUTION NO. 2003-044
A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE
REQUEST SUBMITTED BY KENNETH AND ALLISON HASSETT, FROM THE
BROWARD COUNTY ZONING CODE, FOR PROPERTY LOCATED IN AN RS-3
SINGLE FAMILY ZONING DISTRICT, LOCATED AT 5870 SW 37T" AVENUE,
DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,the Broward County Zoning Code, sets the setback requirements for properties
located in an RS-3 (Single Family) zoning district, within the City of Dania Beach; and
WHEREAS Kenneth and Allison Hassett have applied for a variance (VA-01-03) to
1) Construct an addition to a single family home with a 6'4" side yard setback. (7' 6" side
yard setback required as per Section 39-286 of the Broward County Zoning Code).
2) Construct an a/c compressor and/or pool pump with a 3.0 foot side yard setback.
(4.5 feet required as per Section 39-275 of the Broward County Zoning Code).
property located at 5870 SW 37th Avenue, Dania Beach; and
WHEREAS, the Planning & Zoning Board on February 19, 2003, recommended that the
City Commission grant variance request VA-01-03 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-01-03, for a variance as described above (from
requirements in the Broward County Zoning Code Sections 39-286 and 39-275), a copy of which is
attached as Exhibit "A is approved, based on the most current plan held by the Growth
Management Department that has been initialed and dated by the Growth Management Director(air
conditioning to be located directly to the rear of Mr. Hassett's neighbor's home).
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repealed to the extent of such conflict.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.
VA-01-03 Hassett
1 RESOLUTION NO. 2003-044
PASSED AND ADOPTED THIS 25" DAY OF MARCH, 2003.
B NT N
MAYOR - COMMIS IONER
AT EST: ROLL CALL:
COMMISSIONER CHUNN -YES
A&" COMMISSIONER FLURY-YES
CHARLENE JOH S COMMISSIONER MIKES -YES
CITY CLERK VICE MAYOR MCELYEA - YES
MAYOR ANTON -YES
APPROVED AS TO FORM AND CORRECTNESS:
By:
THOM S TANSBRO
CITY ATTORNEY
VA-01-03 Hassett
2 RESOLUTION NO. 2003-044
APPLICATION NUMBER: CITY OF DANIA BEACH .Date stamp
VA —U/' 0 100 WEST DANIA BEACH BLVD. JAN - 3 2003
DANIA BEACH, FL 33004
(954) 924-3645
APPLICATION FOR VARIANCE
The undersigned petitions the City Commission of the City of Dania Beach, Florida to consider
the variance of the parcel(s) of land described in this application.
NAME OF APPLICANT: _Mr. 4 Ki. N gfisviq Phone: �j�� %''�3, 1-�02
ADDRESS OF APPLICANT: rpw s-W. yN7 Q,, , /a AU& K Fax: OAK
PROPERTY INTEREST OF APPLICANT:
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NAME AND ADDRESS OF PROPERTY OWNER: g Q3 Qkat
ADDRESS AND LEGAL& FOLIO OF SUBJECT PROPERTY: .567O S.W. 97d
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PRESENT ZONING: LOT SIZE/AREA:
PRESENT/PROPOSED USE OF PROPERTY: s'a A.
. 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 REGULATIOIff AND A8 CLE NU
BE S):
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fo - 906, 51ALr
LIST THE NAMES,ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY(I.E.
ARCH T CT, TTORNE : �,{��
Zy i L - �� X-A ��.�• /"IAlli)el Suwldgk;) My 1! 4690 Are., Alland, Mal
PLEASE COMPLETE THIS PORTION OF THE APPLICATION CAREFULLY. EACH REQUEST FOR A
VARIANCE MUST STAND ON ITS OWN MERITS 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. ?LW ME
2) Provide evidence that the special conditions and circumstances do not result from the actions of the
applicant.
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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.
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.
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5) Describe how the requested variance is the minimum variance that will make possible the reasonable
use of the land, building or structure.
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 pubic welfare.
T) Please add any other comments which may assist the City Commission and the Planning and Zoning
Board in reviewing this request.
- - - - - - - - - - - - -- --- - -- -- - - - --- -- --- - - -- -- - -- - - - - - - - - - - - - - -
This is to certify that I am the owner of the subject land(s) described above in the petition for variance.
(Complete 1�e^ �YC�I (only if applicable) I have also authorized the undersigned petitioner
R. 6da to make and file this applicat'LQtrfor v ' nce.
TUBE
STATE OF FLORtOA Print Name:
COUNTY OF BROWARD
T orgoin rument was acknowledged,beOfFre me on �o? ' 20 by
as(title)_ `�; -F for a of entity) ff�
a Florida Corporation,who is personally known e, r_ oduced
as identification.
• My Commission Expires: d,.. Cecilia Welbom NOTARY PUBLIC
�+ W Commission CC635M4
�►esa E)qArcs May 11,20 4
Application No:
December 9, 2002
Hassett Residence
5870SW 37t'Ave.
Dania Beach, FL 33312
Application for Variance Responses:
1. The property has existing conditions such as the home structure, the pool and
surrounding patio, and the significant existing oak trees that preclude the possibility of
constructing an addition in any other location than the one proposed. As such, the
proposed addition must work with these elements.
2. It is due to the unique nature of the site, the existing building location, and existing
tree locations that the addition is forced to encroach the side setback.
3. The applicant wishes to expand the existing home to a level that is commensurate
with other homes in the surrounding neighborhoods. The addition consists of a master
bedroom suite and a two-car garage.
4. Without the setback variance being granted, the applicant will not be able to have a
garage (see item no. 5 below). As previously mentioned, the proposed garage cannot
be located anywhere else on the site due to existing conditions.
5. The depth of the encroachment on the North side is determined by the depth of the
garage,which has been kept to a minimum (20'-0" clear interior). This garage cannot be
moved further to the South due to the requirement of an egress window from the
existing den/bedroom (please see floor plan). The size of this window cannot be
reduced not only due to the egress requirements, but also due to the natural ventilation
requirements of F.B.C. Mechanical 402.2.
6. The applicant is proposing an addition that works around the existing oak trees.
7. The encroachment is just under 14" into the side setback, leaving just over 6'-4" of
the required 7'-6" setback.
AGENDA REQUEST FORM
CITY OF DANIA BEACH
aim
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: MARCH 25, 2003
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARINGS -VA-01-03 VARIANCE
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION &BACKGROUND:
VA-01-03: Request by Kenneth Hassett for property located at 5870 SW 37th Avenue, Dania
Beach, (Zoned RS-3 Single Family)for the following variances:
1) Construct an addition to a single family home with a 6'4"side yard setback. (7'6"side yard
setback required as per Section 39-286 of the Broward County Zoning Code).
2) Construct an a/c compressor and/or pool pump with a 3.0 foot side yard setback.
(4.5 feet required as per Section 39-275 of the Broward County Zoning Code).
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS(PLEASE LIST):
Staff Report
Survey and Plan
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 approval of this request at their February
19,2003 regular meeting.
Submitted by:
Laurence G. Leeds,AICP, Director Date March 19, 2003
Growth Management Department
City Manager Date
CITY OF DANIA BEACH
GROWTH (MANAGEMENT DEPARTMENT
STAFF REPORT
• DATE: March 25, 2003
TO: Ivan Pato, City Manager
VIA: Laurence Leeds, AICP, Director G. G��/--
FROM: Corinne Church, AICP, Principal Planner Oboe
SUBJECT: VA-01-03: Request by Kenneth Hassett for property located
at 5870 SW 37t:' Avenue for variances relating to setbacks.
The applicant has requested the following variances:
a) Construct an addition to a single family home with a 6'4"side yard setback (7'
6"side yard setback required).
b) Construct an air conditioner compressor and/or pool pump with a 3' side yard
setback.
The subject parcel and surrounding property is zoned Single Family Residential (RS-3).
The applicant is proposing a 1,617 square foot addition to an existing 1,896 square
foot single family home.
Staff has no objection to the building setback variance. Staff cannot support the a/c
unit variance because of the potential noise impact upon adjacent neighbors.
The proposed addition appears to encroach into the drip line of an existing 36 inch Oak
tree. The applicant should propose methods to reduce the impact to the tree
consistent with the tree preservation ordinance.
STAFF RECOMMENDATION
Approval of the building setback variance subject to applicant addressing tree
preservation issues prior to issuance of a building permit.
Denial of the a/c unit setback variance or relocate a/c unit behind the house (in the
rear yard) with a minimum five foot setback.
PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION
Approval of the building setback variance subject to applicant addressing tree
preservation issues prior to issuance of a building permit.
Approval of the a/c unit setback subject to locating the unit to the rear portion of the
side yard (adjacent to the master bedroom of the subject property).
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DAM MAOIR
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-01-03: Request by Kenneth Hassett for property located at 5870 SW 37t' Avenue, Dania Beach,
(Zoned RS-3 Single Family) for the following variances:
1) Construct an addition to a single family home with a 6' 4" side yard setback.
(7' 6" side yard setback required as per Section 39-286 of the Broward County Zoning Code).
2) Construct an a/c compressor and/or pool pump with a 3.0 foot side yard setback.
(4.5 feet required as per Section 39-275 of the Broward County Zoning Code).
Legally described: Lot 5 of Harger Hills, according to the plat thereof, as recorded in plat book 26, page 41 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.
0terested 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: Friday, March 14, 2003
See reverse side for location map of property
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