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Home My WebLink AboutR-2003-125 VA-68-02 BREINES RESOLUTION NO. 2003425 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY CRAIG AND MARYLOU.BREINES, FROM THE CITY OF DANIA BEACH ZONING APPENDIX, ARTICLE II, ACCESSORY AND DETACHED BUILDINGS AND STRUCTURES, FOR PROPERTY LOCATED AT 1446 NAUTILUS ISLE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Zoning Appendix of the City of Dania Beach Code of Ordinances,Article II, "Accessory and Detached Buildings and Structures", sets limitations relating to construction of boat slips and docks on waterways within the City of Dania Beach; and WHEREAS, Craig and Mary Lou Breines have applied for a variance(VA-68-02)to extend a boat-lifting device 15 feet into a 60-foot wide canal (the Zoning Code allows boat-lifting devices to extend no more than 10% of the canal width without a variance). In this case, the Zoning Code allows boat lifting devices to extend no more than six feet into a 60-foot wide canal. Property located at 1446 Nautilus Isle, Dania Beach; and WHEREAS,the Planning&Zoning Board on February 19,2003, recommended that the City Commission grant variance request VA-68-02 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-68-02, for a variance as described above (from requirements in the City of Dania Beach Zoning Appendix, Article II "Accessory and Detached Buildings and Structures"), 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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. VA-68-02 Breines 1 RESOLUTION NO. 2003 -125 PASSED AND ADOPTED THIS 13TH DAY OF MAY, 2003 B ANTON MAYOR-COMMISSIONER ATT T: ROLL CALL: COMMISSIONER CHUNN —YES COMMISSIONER FLURY-YES ARLENE JO N ON COMMISSIONER MIKES - NO CITY CLERK VICE-MAYOR MCELYEA - YES MAYOR ANTON - YES APPROVED AS TO FOFW AND CORRECTNESS: BY: MIA , TH MA,I J.`ANS8RO CITY A ATTORNEY VA-68-02 Breines 2 RESOLUTION NO. 2003 -125 MAR-31-2003 11:40 MSGCI 3059318561 P.01iO4 MOLLER &.809.000m GENERAL CONTRACTORS , INC. "®:UrLMNG THE FUTURE" FACSIMILE COVER ,SHEET PROJECT: HAMPTONS - SOUTH DATE: 3- 3 l - O 3 20201 E. Country Club Drive Aventura, FL 331E0 TOTAL PAGE5: TEL: (305) 931-2694 FAX: (305) 931-8561 . PLEASE DELIVER To: r22 y G� Pj 5 COMPANY NAME: D bAoJO- i3E ch FAX NUMBER: 687 1�`� • `�2 • 3(a 2. MESSAGE;. �l�R,2ca, lfl�2 �S �V�FS7704)S you qcN s'jir 796 0 -/977 yy NA-ur?-Lus X—SC-e: THr5 TRANSMISSION WAS SENT SY, STEVEN BOTH,JQHN DEUTSCHMANN,LIZA PEROOMO,RALPH HERNANDEZ, ERIC STACKMAN, CRAIG SRETNES,R09§T STRONG IF ANY PAGES ARE.NOT LEGIBLE OR YOU DID NOT RECEIVE'THE SAME NUMBER OF PAGES STATED ABOVE, PLEASE CONTACT US ASAP AT (305) 931-2694. JOB 04�Ot CSI CODE:_,,®,, TEL 305�599-2300 FAX 305.471-32g7 8491 NW 17TH STREET SUITF. L. MIAMI, FLORIDA 33126 MAR-31-2003 11:40 MSGCI 3059318561 P.02iO4 FLORIOA 3 0 L.B. 35 , SIDE 2 OF 2 FAX. (95i{) 1 L)•oov ti . I i - • •fit � �. e VAY (60' R/W) or to ruumv NAtL FUUM ALIAS cawc•- MY IL 0/S L93I SI41;D p O/S 1.93'S OT 33.90' 0 z Lg) GK ' ' LOT 11 :N - BLOCK 1 I STORY C.B.S. 08 RES. 41446 LIT 12 BLOCK 1 r' Q 0 4 COVER DREVc, sPi� ti a FaWD • 30.14" LR• L CAP /°� . .^ ?. ll-R. N CAP P.C.; 4' WE Id ►LK " " � ).00 , S y; ti 20.4' ASPHALT _ 1 qLj to . N.W. 9TH. STREET (50' R/fir) DA W A i 1�Af Vei OD `4 Q 1 Y _ lb AL ,F% > 0 •Y �� O J r RY. rY' , r r q 170i20•d •. T9S8T26SOE I9JSW TV:ZZ 2OOZ-Z2-NUW . MAR-31-2003 11:41 MSGCI 3059318561 P.04iO4 Lo:: -r .; 3587 Palmetto Avc3 Ft, Myers, Florida 33818wrogoldenbowlBies.com l Fe 89D9L7( 3 ) Vafce(941) 3d1�7 F m , : (M)337-4482 • V^en MIS Done RIght.. rrs ooiden r FILING SPACING CHART -®- The boat center of gravity needs to be set in the center of the top beam B Cradle Width Filing Centers A Top Beam Piling Centers Lift Qgpagily Dip. ed ' 4,500# 11 , 10' 6" 7 000# 12' 12' 8" 1 Z 000 12' 12'6" 9" 14 000# 12' 12'6" 9" 169000# 12' 14' 10" 20 000# 14' 161 10" 241000# 16' 16' 10, 14 TOTAL P.04 /APPLICATION NUMBER: CITY OF DANIA BEACHl -Datb stamp q 6g-_� 100 WEST DANIA BEACH BLVD. �` I DANIA BEACH, FL 33004 �� i DEC 13 2002 (954) 924-3645 :J APPLICATION FOR VARIANCE t j 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: C(ZA1(; ANO 01-49y/(„0U ZROIA/ES Phone• 951V 927 /yyb ADDRESS OF APPLICANT: 4j b N4 0r/4 u s SCE Fax: 95`0-S/(o 7-&&3y PROPERTY INTEREST OF APPLICANT: OwAlale NAME AND ADDRESS OF PROPERTY OWNER: d k4 l G AAJb r4AR440 rJ jG/,y gc ADDRESS AND LEGAL & FOLIO OF SUBJECT PROPERTY: Iy'ib NAvTxvS rse-,r c t� � pay o 233 20 0/yo LOT^ ►2 /3tocAc ,� PRESENT ZONING: I:5 LOT SIZE/AREA: O X /00 PRESENT/PROPOSED USE OF PROPERTY: �'� D LcN GE 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 ASS/STANCE SMITH THE ZONINQfflU TIO S AND ARTICLE NUMBERS): J 33 �O e) aat-1-OW A m a.4 r L/F7- 7ir/4T Al ZOO T— O F ty E C.A IV,4 i- &j rUTA lu c n/ o e- L !I-00y es LIST THE NAMES,ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY( ARCHITECT,ATTORNEY): I.E. PLEASE COMPLETE THIS PORTION OF THE APPLICATION CAREFULLY. EACH RE6?UEST 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 CRY 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. �_7-Ids CAAIaL lboES &o:C NAdE 9y� GJATE/2. f:pT•� A�EEDee ,4T T 114 L o AL.&0wJ 4 W L Y LL v p a Ua C 3) 13owr ®oe-K iF t STS 4t-oNG F_ivrljeC 5&F.4 tA/A[.j_ D c C 13 2002 2) Provide evidence that the special conditions and circumstances do not result from the actions of the applicant. 6915 alro 525AWALf. U2 APPOWNim4Trt�q 35 pes Q L—D AAI Q IS Al Q:r CA AA,5G.r= or :S 0IPo&-n j! L f FT� 3) Describe how granting the requested variances) 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. a_cSt Dcivc,li= tN out C..AAJAt_ I W itk onag s, i AJ A Q iA;-tAr4i C AAJ ALBS. 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. 1'1419 6006 441-0w!S 1150& fftok#43 lb gjifFM4 30 % aF CANS . Tf 6 GDniiliCCTleawJ ,6,4 1,107r W6106 o fshs DX� u!)M-arD r1'1mAtA15 A46F4 g14oti&D Mar &C IM &,JjCS77a4 6) Describe how the requested variance is the minimum variance that will make possible the reasonable use of the land, building or structure. A it d IC1/0, Ar 7-AiN OAJ ® 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. QAY' i s ®.vc i 4 0 E'iv c4 I-N,4r OPC-A44W S W/Yh►f w ` :ZMt; /4PPe2vv06 AAE4- 7) Please add any other comments which may assist the City Commission and the Planning and Zoning Board in reviewing this request. 6AAIAL-$• :UA i[ggA ' OF VMIAMUF It14,S 4"4 !2aAJ-rCb --- - - ---- ----- --- - ------ ---- ---- --- -- ----- - - - - -- ---- --- - This Is to certify that I am the owner of the subject land(s) described above in petition for variance. (Complete only it applicable) I have also o ad the e ' n d petitioner to make and file this appli o a an STATE OF FLORIDA Priem(dame: C(XJNTV OF BROIWARD e fio of i nstrument was ac owt ed before me o n l E 3 2 \,N1 ,CC N ,as(title) V W r4-P-r' or(na °°•• as identification# 496sa-J-6-7•S'7•c/fS8" D • ® O- /91-OZ ° my Commission Expires: � • o i 9,p°• �dt� e" IAA'% •� ••°�•,� _ AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: MAY 13,2003 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARINGS -VA-68-02 AMENDED VARIANCE 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION &BACKGROUND: Amended Variance request by Craig and Marylou Breines for property located at 1446 Nautilus Isle, Dania Beach, to extend a boat lifting device15 feet into a 60-foot wide canal. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Resolution Survey and Boatlift Specifications 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 approved this request at their February 19,2003 regular meeting. Submitted by: Laurence G. Leeds,AICP, Director Date May 2,2003 Growth Management Department City Manager Date CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT DATE: May 13, 2003 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director FROM: Corinne Church, AICP, Principal Planner 014-1-1 SUBJECT: VA-68-02 - Request by Craig and Mary Lou Breines for property located at 1446 Nautilus Isle, to extend a boat- lifting device 15 feet into a 60-foot wide canal (The Zoning Code allows boat-lifting devices to extend no more than 10% of the canal width without a variance. In this case, the Zoning code allows boat lifting devices to extend ® no more than six feet into a 60-foot wide canal). The applicants wish to install a metal boat-lift that will extend 15 feet (25% of the canal width) into a 60-foot wide canal. The applicant proposes a 10 foot wide boat lift attached to an existing five (5) foot wide dock for a total of 15 feet. This is a two (2) foot reduction from the applicant's original request which was for a 12 foot wide boat lift While the zoning code allows boat-lifts to extend no more than 10% of the width of the canal (in this case six feet), the code also provides a specific procedure for exceeding the 10% requirement. "No extension of a boat-lifting device capable of being submerged shall extend more than ten (10) percent of the width of the waterway unless a variance is first granted for same by the city commission and a guide pole is attached to the end of such device which extends over the waterway. The guide pole shall be a pole no less than one and one-half (1 1/2) inches in diameter and permanently attached to such device. The guide pole shall be vertical and extend at least six (6) feet above the surface of the water at all times and shall display a reflective color over the ® exposed surface." BREINES DOCK VARIANCE VA-68-02.doc In evaluating this variance request, the following shall be noted. 1) There is an existing boat-lift attached to a dock near the subject parcel. 2) Mooring and dolphin piles, also a possible obstruction to navigation, are allowed to extend 20 feet into the canal, three feet more than the proposed boatlift. 3) The City Commission. granted a similar boatlift variance in 2001 for 966 Nautilus Isle. That variance allowed a boat lift to extend 25% of the canal width, subject to review of the variance within five years. 4) The present variance will allow a boat lift to extend 25% of the canal width. PLANNING AND ZONING ADVISORY BOAR® RECOMMENDATION At the February 18, 2003 Planning and Zoning Advisory Board meeting, the Board recommended approval of the original 17 foot request subject to re- review of the variance in five years. ® PREVIOUS CITY COMMISSION ACTION The City Commission heard this item on March 25, 2003 and denied the applicant's request to allow a boat-lift to extend 17 feet into the canal. 2 BREINES DOCK VARIANCE VA-68-02.doc 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, May 13, 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 blest Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following request: VA-68-02 — Amended Variance Request by Craig and Mary Lou Breines for property located at 1446 Nautilus Isle, Dania Beach, to extend a boat-lifting device 15 feet into a 60-foot wide canal (The Zoning Code allows boat-lifting devices to extend no more than 10% of the canal width without a variance. In this case, the Zoning code allows boat lifting devices to extend no more than six feet into a 60-foot wide canal). Legally described: Lot 12, Block 1, of Florian Isles, according to the plat thereof as recorded in plat book 50, page 17, of the public records of Broward County Florida. Copies of the proposed petitions are available for viewing in the Growth Management Department, 100 Vilest 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: Friday, May 2, 2003 t NOTICE OF . ��``— ��✓��_ PUBLIC HEARIM& CITY OF DANIA BEACH'" NOTICE IS HEREBY.GIVEN \d �� that public hearing will be,held before.the,City; Commission on Tuesday; Mayjt3,2003 at 7:00 p.m'.; or as soon thereafter as possible, in the Commis- sion Chambers in the.City. of Dania Beach Adminis- trative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004,,for the 'purpose.of hearing any. comments which might be made to the fol=,', lowing request:' . VA-68-0Z-Amended earl= ante Request by Craig and Mary Lou Breines for prop; erty located at 1446 Nat1- talus;isle,Dania Beach;`to extend a boat-lifting des, vice'15 feet Into a 6 -lo6t wide canal (The Zoning Code allows.boat-lifting devices to extend no more than:.10%,of the canal width without a varlance In this case, the Zoning code allows boat; lifting devices to extend no more than six feet into a 60-foOt wide canalY Legally described:Lot 12; Block 1, of Florian Isles;. according to. the plat thereof as recorded in plat book 50, page 1 , of the public records., eroward County Florida: Copies of the propose. petitions are available foir viewing in the. Growth Management`. Depart- ment, 100 West Dahill Beach Blvd.,Dania Beach; Florida between the hours of 8:00 a.m.and 4:00 p.m:, Monday"Friday.interest- led partiQs may appear at, ithe 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- ings should contact Char- lene Johnson, City Clerk' 100 W. Dania Beach Blvd; ;Dania Beach, .FL 33064, (954)924.3622,at least 49 hours prior to meeting . Any person who decides to apppeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter con- sidered 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 In- cludes the testimony and evidence upon which the appeal is to based. 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