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HomeMy WebLinkAboutR-2003-164 VA-10-03 DANIA COUNTY TOWNHOME RESOLUTION NO. 2003 - 164 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY MILLER LEGG AND ASSOCIATES, INC. REPRESENTING COUNTY HOMES DEVELOPMENT CORPORATION, FOR PROPERTY LOCATED NORTH OF GRIFFIN ROAD ALONG SW 33RD AVENUE, DANIA BEACH; CHAPTER 28, ZONING ARTICLE 6.21 OFF-STREET PARKING REQUIREMENTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28 Zoning,Article 6.21 sets the Off Street Parking Requirements in the City of Dania Beach; and WHEREAS, Miller Legg and Associates, Inc. representing County Homes Development Corporation, has applied for a variance (VA-10-03)to provide a 20 foot wide driveway (24 foot width required) on property located North of Griffin Road along SW 33`d Avenue, Dania Beach; WHEREAS, the Planning &Zoning Board on June 18, 2003, recommended that the City Commission grant variance request VA-10-03 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-10-03, for a variance as described above (from requirements in Chapter 28, Zoning Article 6.21 Off Street Parking Requirements), a copy of which is attached as Exhibit "A" is approved, subject to the following conditions: 1) Provide additional architecture detail along the south building elevation as required by the Building Department. 2) Compliance with all landscape comments as determined by staff. 3) Provide utility easements on plan to be accepted by the Public Works/Utilities Director. 4) Use of barrel tile roof. VA-10-03 1 RESOLUTION NO. 2003-164 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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 24T" DAY OF JUNE, 2003. B B ANTO MAYOR — COMMISSIONER ATTE T: ROLL CALL: COMMISSIONER CHUNN - YES COMMISSIONER FLURY- YES CHARLENE J .ljNSON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR MCELYEA - YES MAYOR ANTON - YES APPROVED AS TO FO M AND CORRECTNESS: BY: TlAom J.-ANSBRO CITY-ATTORNEY VA-10-03 2 RESOLUTION NO. 2003-164 I City of Dania Beach F E B 14 2003 ' ,, Application for Site Plan Approval I )� 100 W. Dania Beach Blvd. i =� Dania Beach, Fl- 33004 Sbat.a (954)924-3645 Phone Application SP- �'0 3 ----- (954)922-2687 Fax _ The undersigned petitions the Growth Management Department and/or the City Commission of the City of Dania Beach to consider site plan approval on the parcel(s)of land described in this application. NAME OF APPLICANT: County Homes Development Corporation ADDRESS OF APPLICANT: 11430 N. Kendall Drive, Suite 300 Miami, Florida 33176 APPLICANT PHONE & FAX: (305)279-4445 (3051595-1265 fax PROPERTY INTEREST OF APPLICANT (Please provide documentation): Owner NAME AND ADDRESS OF PROPERTY OWNER (Proof of ownership and if not the applicant- authorization letter to apply as representative): ADDRESS, TAX FOLIO NUMBER AND LEGAL DESCRIPTION OF SUBJECT ® PROPERTY (Attach legal description if necessary): FoLp # �- -f6z-3o.. o3~DoBy RECORDED PLAT NAME: First Addition to Canal Groves EXISTING LAND USE DESIGNATION: LM EXISTING ZONING: R-3 LOT SIZE: ACREAGE •5 So. FT, 21,748 DESCRIPTION OF PROJECT: A vacant lot located on SW 33rd Avenue, north of Griffin Road, in the City of Dania. LIST ANY SPECIAL EXCEPTIONS, VARIANCES, REZONING'S ETC. THAT MAY BE REQURIED TO SUPPORT THIS APPLICATION: N/A ANY OTHER INFORMATION IN SUPPORT OF THIS APPLICATION: NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF DANIA BEACH CITY COMMISSION Sworn't'o,/pnd subscribed fore me Signature of Petitioner this r[ day of a63 Gladys DiGirolamo f Mil er Leg & Assoc., Inc. 1800 North Douglas Road, Suite 200 Pembroke Pines, Florida 33024 Notary Public State of( F/ori ,q ) Printed Name oqf N tary Street Address, City State&Zip ,�er�r�h it3 Dfl�c�Commission Expires �:)Uw e l.°?i O (954) 436-1000*255 Seal: Telephone Number IOW•DD GWA WHEN PETITI P aW R 0 THE SUBJECT PROPERTY, PLEASE FILL THE FOLLOr a+ re ++d01 'M This is to certify that I am the owner of subject lands described above in the PETITION FOR SITE PLAN APPROVAL and that I have authorized:Sri 11 Pr T.pgg & Aggnr Tnrto make and file the aforesaid PETITION FOR SITE PLAN APPROVAL. Sworn to and subscribed before me Si at of tloner this day of -Feb• �003 • Notary Public State of( IF 109 I Pi Al. k'caral���r. �ulsk Printed Name of Not Street Address, City State&Zip a A.4.i2A., OFFICIAL N AI3 fi Commission I pion pu u�c sL HEIMEM �HnA Seal: COMMISSiONI 28 Telephone Number MY COMMISSION EXP jUNE 2®,2004. Site Plan Fees are calculated as follows: Residential- $275.00 Base Fee, plus$8.80 per unit for the first 100 units,plus$4.40 for each unit In excess of 100 units. Non-Residential/Hotel-Motel-$275.00 Base Fee,plus$1.10 per 100 sq.ft.for the first 10,000 sq.ft. plus 0.55 per 100 sq.ft.for that portion In excess of 10,000 sq.ft. Major revision for residential or non-residential and hotel/motel site plan—%of site plan fee. In addition, a retainer is required for administrative and advertising costs-(As per Ch.28,Article 9.60.Recovery of costs...) Minimum fee reouired is 11,000.00 plus the application fee for Non-Residential/Hotel-Motel. Multi- family and and Site Plan Revisions Minimum fee reouired Is$3,000.00 plus the application fee for Duplex Residential • (~ VARL&NCE JUSTIFICATION FOR Lot 10, Block 8 of"First Addition to Canal Groves" This variance is a request to allow the private driveway to be 20 feet in width instead of 24 feet in width as required by code. 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. Response The platted lot is long and narrow including a 75 foot lot width and 290 foot depth. Per the designated R-3 zoning district there is a 24 foot minimum driveway width requirement. This variance request is in response to the constraints of the platted lot as the current site plan was revised to provide a driveway width of 20 feet serving 5 dwelling units. The original site plan provided a 24 foot driveway width which abutted the front of the building. In order to provide a safer and more aesthetically pleasing design, the driveway width was reduced in width and a 6 foot planter area in front of each unit was provided. This design created a courtyard area for each entrance. However, pressures from other site specific requirements such as emergency access, trash enclosures, off-street stacking and pervious requirements then Crestricted the site even further. The current design requesting,a variance for the ` reduction in driveway width by 4 feet mitigates these circumstances while maintaining the most optimal solution for the health, safety and welfare of the end-users of the development. 2) Provide evidence that the special conditions and circumstances do not result from the actions of the applicant. ResRonse Initially, the site responded to all the designated zoning district requirements, however, given the above mentioned circumstances including the constraints of the site, the applicant recently amended the design which provides a 20 foot driveway width. While under initial review, it was discussed with staff and the owner that given the size of the project (5 townhome units) the reduction in driveway width would not affect anyone other than the residents living within the building. The reduction provides ample room for cars to pass each other in the driveway without conflict. The actions were not result of negligence of the applicant but rather created by the given site constraints. 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 the same zoning district. • M AY 2 9 2003 VA- 1 ®� �� • Response The granting of this variance will not confer any special privilege on the applicant that is not allowed per the revised zoning code to other lands, buildings or structures within the same zoning district. This zoning district allows five (5) townhouse units and therefore, in order to provide the maximum use of the parcel with the existing lot configurations and setback requirements, the owner does not feel the granting of this variance provides a special privilege but rather a benefit to the five(5) future owners of the parcel. 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. Response The literal interpretation of the provisions of the zoning code would restrict the size of the building and/or reduce the overall number of units allowed by Code. Additionally, if the code was literally met other sections of the code may require a variance including the perimeter landscape buffer requirement. All of these factors would be far more of a detriment and hardship to both the applicant and the end-users. 5) Describe how the requested variance is the minimum variance that will make possible the reasonable use of the land,building or structure. Response This variance is a request to reduce the driveway width from 24 feet to 20 feet. This is an overall reduction of 4 feet. The additional 4 feet was added to an existing 2 foot strip in front of each unit thus providing a 6 foot planter in the front of each unit This request will allow the maximum use of the land, five (5) units with only one variance as opposed to requesting variance to other sections of the code which might include an increase in building height, reduction of green area and/or reduction in building setback . 6) Explain how the granting 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. Response The granting of this variance will provide for the most logical use of the property given the site specific constraints of the physical (platted) geometry. The site effectively provides green and open space on the ends of the property (east and M AY 2 ,a 2003 C west)abutting the street and adjacent uses, while centralizing the building or bulk of the plan in the central core. This is harmonious with the adjacent surrounding • and the neighborhood vicinity context as well as in conformance with the zoning district requirements. Provision of setbacks and the inclusion of site amenities such as pavers, fenced view from the roadway and between the units coupled with vegetative-screening where necessitated and open green area where allowable will afford this development to be an asset adding an overall visually pleasing element to the community as well as to the end-users. 7) Please add any other comments which may assist the City Commission and the Planning and Zoning Board in reviewing this request. Response This request provides a better design while maximizing the use of the property to the fullest extent. V:kTwp-Rng-Sec\5"2-30\215631\Docs\Cmnslettem\3PNdriveway vw just529.doc r MAY 2 9 2003 DESCRIPTI�;: SHE. 1 OF 1 LOT 10. BLOCK 8 OF FIRST ADDITION TO CANAL GROVES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE 41 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA SAID LANDS LYING IN BROWARD COUNTY, FLORIDA, AND CONTAIN 21,748 SQUARE FEET (0.499 ACRES) MORE OR LESS. S. INVERT BENCHMARK GRAPHIC SCgL ELEYATt 1.95' E. CORNER r .,,,� 15 , 30 80 MANHOX ELEVAnoN=4"o' MWIEW- L INVERT ELEV --Box r a WERT EESY.au' ' (IN FEET) �'----- � ------ 1 INCH m 30 FEET ASPHALT PAVEMENT NOTE WE HAVE REVIEWED T)IE FOLLOWING DOCUMENTS `r T' rGuNMERT i, 'qm 8 IRO PIPE O1 PROVIDED BY SEGREDO 8: WEISCZ, ATTORNEYS AT SET ly IRON PIPE�r^3 p_30• a 6AFRT a T LB/8860, LAW(COMMITMENT NO. CF-934288) AND THEY &CAP LB#5880 •nmT Euv ' �i LEVATIOP1#4.24 AFFECT THE SUBJECT PROPERTY AS NOTED 6•-3V 75' 6'CHAIN PLAT: SHOWN ON THIS SURVEY 5 CHAIN LINK FENCE O.R. 5255. PG. 121: DOES NOT AFFECT LINK FENCE �j,- 8•CHAIN 1.03E 210 N. D.B. 803. PG 181: DOES NOT AFFECT 0.16'N,0 34'E • s• U NK FENCE ►'ti 24 0.35'E, 1.21'N. 1# FOUND ./5 IRON PIPE TERUNE W-zy 0.2'N, O. S'E. w 2.TWIN-3.. ••s -23' I 17 S.W. 33rd AVENUE (TANGELO DRIVE) c '� p SG,.36' <' 16 0 �I C U c 15 14 13 12 11 9 8 7 6 5 4 3 2 1 41 I NOTE: ORANGE TREE AND AUSTRAUAN PINE 520.8' o TREES ARE NOT SHOWN HEREON CANAL GROVES q (22-31) GS LOCATION MAP NOT TO SCALE No«s:� VACANT1. , 2. SUBJECT PROPERTY WAS NOT ABSTRACTED S' CHAIN BY THIS FIRM FOR EASEMENT$ LINK FENCE RIGHTS-OF-WAY, RESERVATIONS OR OTHER MATTERS OF RECORD. AND OWNERSHIP WAS NOT DETERMINED. p • l J,I O I SCALE OF SOME FEATURES MAY fW N EXAGGERATED FOR CLARITY: ® 4. BURIED FOUNDATIONS AND UNDERGROUND UTLLI7IES. 1F ANY, IVERE NOT SH011N S THERE ARE NO VISIBLE ABOVE GROUND ENCROACHMENTS EXCEPT AS NOTED. 8. RECORD DIREC7IONS AND DISTANCES AND FIELD MEASURED DIRECTIONS AND DISTANCES ARE WITHIN REQUIRED ACCURACY FOR THIS SURVEY UNLESS OTHERWISE SHOWN. 7. ELEVATIONS ARE RELATIVE TO NATIONAL GEODETIC VER7ICA4,DATUM OF 1929, ARE SHOWN THUS D ARE BASED ON BROWARD COUNTY BENCHMARK NO. 24 DESCRIBED AS X'CUT SOUTHWEST CORNER OF S'SIDEWALK, WEST SIDE OF THOROUGHBRED LOUNGE, CORNER OF GRIFFIN ROAD AND S.W. 34th AVENUE 3391 GRIFFIN ROAD. ELEVATION a 8.388' O.R. - OFFICAL RECORDS BOOK D.B. o DEED BOOK 9 LEGEND: •Y 36'-60• MN(-CANOPY DIAMETER ROYAL POINCIANA Cl WATER METER FOUND 3/8' FOUND 3/4' IRON IRON PI PPE PIPE IN CONCRETE • WOOD POWER POLE 040'W, 0.2WN. 0.35'W, 0.15'N. ANCHOR AND GUY WIRE SET 1/Y' IRON PIPE �+P� $ \ p'NN CAP�{8680 75' *, Vl/—Lo.gaT- NK FENCE 8 BELL SOUTH RISER 4.82'N. CAN RISER L5'CH=OECE FOUND 1/2' ® " 'B''L 01" CANAL GROVES IRON RO6 6'CHAIN UNK FENCE (22-31) 2.78'E, 1.74 K CERTIFIED To- I HERESY THAT TNIrwRY1:Y MEETS THE M66MWE T[a66eeL STANDARDS AS SET FORTH BY 1NE FLORIDA BOARD OF CVUJV77 HOAG4 DEVELOFi ff"''me FWOFES 'VIAL svxT¢YORs AND MAPPERS IN CHAPTER 61017-6. SWBMO A WELSZ,ATMRAU Y5 AT LAW MW AOMnasmAmc CoOE P1RlpNUIT TW acnN 47LOV. FLONASHOW TIM wo RL ArMRNEM T/TL8 Il svilATCE DA10 SMTUiE1 �� DATm T16s 2 oAY 2Dw -17-03 ADDITIONAL MEE8 6:01VATgNS XL FLFNA I 2-20-02 AM NOT[RE TREES RL ENGINEERS•PLANNERS•SURVEYORS WYOR JAI LANDSCAPE ARCHITECTS STARE OF FLORDA RFQI9TRATKkI No.3677 -07-02 ADS 00171FlG1fON R ENVIRONMENTAL PROFESSIONALS NOT VALID mTI10MT THE SIGMA wa REV 1 S I O N S 6a. o� od I ppOpAApp RAISED SM OF A FLOREIA UmlSED�A/d MAPP[A 1FE1132ORE FINICLFLOAIDA 33024� FROMM- iaE N0. DRAWN BY: PSS I CHECKED BY: MR • •••• ~i W.— 215631.330 ll-lFB-�92 AGENDA REQUEST FORMA CITY OF DANIA BEACH +40) AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: JUNE 24,2003 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARINGS -VA-10-03 VARIANCE REQUEST BY COUNTY HOMES DEVELOPMENT CORPORATION 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION &BACKGROUND: Property located North of Griffin Road along SW 33rd Avenue(Lot 10, Block 8), Dania Beach,for a Variance request from Chapter 28,Zoning Article 6.21 Off-Street Parking Requirements, to provide a 20 foot wide driveway(24 foot width required). 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Resolution Variance Request Response ® Survey Public Hearing Notices 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 June 18, 2003 regular meeting. Submitted by: Laurence G. Leeds, AICP, Director Date June 17, 2003 Growth Management Department City Manager Date CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT DATE: June 24, 2003 TO: Ivan Pato, City Manager , VIA: Laurence Leeds, AICP, Director ��,•�`' FROM: Corinne Church, AICP, Principal Planner SUBJECT: VA-10-03 & SP-09-03: Request by County Horses Development Corporation for properly located at S.W. 33`d Avenue, Lot 10, Block 8 for a variance and site plan. Variance: To allow the construction of a drive way with a width of 20 feet when the code requires 24 feet. Site Plan: Construction of five (5) townhomes. The subject property is located in a Residential (R-3) zoning district. The Land Use designation for this property is Low Medium (10) Residential. The properties surrounding the subject site to the north, south, east and west are zoned R-3. Townhouse use is a permitted use in the R-3 zoning district. VARIANCE The applicant and staff have worked together to improve the drive way and entrance to the proposed units. The applicant, at the request of staff, is requesting to reduce the width of the driveway from 24 feet to 20 feet in order to provide landscape planters in front of each unit, creating a separation between the driveway traffic and unit entrance. The Fire Marshal's Office has no objection to this request. SITE PLAN The proposed two-story townhouse development provides a gate entrance at the entry to the property. The gate is setback approximately 20 feet from the front lot line and 34' from the street line to accommodate one car on the site before gaining entrance to the property. Within the site, pavers are proposed in the driveway in front of the townhouse units. Landscape planters have been provided in front of each unit, creating a separation between the driveway traffic and entrance to each unit. Staff recommended, at the Planning and Zoning Advisory Board meeting that the applicant provide the following information prior to the City Commission public hearing: ® Show details of drainage areas to enable staff to verify the landscaping plan is consistent with site grading and drainage. ® Show utility easements on plan. Provide wall/fence details. ® Provide additional architecture detail along the south building elevation. The wall/fence detail has been provided as well as revised drainage plan. However, the utility easement is still not reflected on the plan and additional architectural detail has not been shown on the south elevation. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION The Planning and Zoning Advisory Board recommended approval of the site plan on May 21, 2003 subject to the above conditions. On June 18, 2003 the variance was presented to the Planning and Zoning Advisory Board. Staff will present the Planning and Zoning Advisory Board recommendation at the June 24, 2003 City Commission meeting. STAFF RECOMMENDATION • Staff recommends approval of the variance and site plan provided that applicant meets the below conditions prior to issuance of the building permit. 1. Compliance with all landscape comments as determined by staff. 2. Provide utility easements on plan to be accepted by the Public Works/Utilities Director. 3. Provide additional architecture detail along the south building elevation. r° 1l -tClo re f' s RUBLIC`HEAMrlW CIT;!i?F,;_DANIA BEACH NOTICE IS HEREBY GIVEN' that^a public heanng*wilt 7 be field before the City J Commission„��,,`�,1une 24, 2003 at Z 00?p m or,as saonrthergafter'as poss_I ble; in the¢;Dania Beach Gtyf€Commis'sion Room; Adm!mstratrveak Centel 100{'~West;Dama Beach_ Bhrd Damabeach Flori da�33004*for,'the purpose Of hearing agWpgmments, which mijht be.,made to the�:foilow ng.request� R guest by County!Home9 Deveiopment�,Corp6ekiorr forproperty,located Nortf o1;Griffml,Road along`5W 3M Avenue(Lot 1 O Blpc 6 8);x<pama,rBeach"'for the following ,"�`��, V&10 03P� Variance red guest from,;Chapter r28x Zoning ArUcle;b 2l„Off=S tteetM Nrkingx Requk meets�to;provide,a*2 foot.;wide=driveway i-.�24 foot�width required) r�;�r== The'property;is Iegally"de scribed as`lot10.block'=8 ,of�First4Addition to,Canal Groves accordingtoatie plaftherI,fasrecorded'in PIa4 Books23 ,Page,4aaot if-'I records oflBr`o""- ward County;,Flon. Copies of the proposed sign:, riancekare avails;, bled>for':viewing m �the. fsrowth�Management"De„ partment,too west Danis Beath`Blvd pania,Beech Florida between the hours. of 8'00 a m and 4 06 pp:m?, Monday � F,riday ptease� 10 call; (954) "924 3645Jfor mpre'_I nform a tion:,l nter- ested parties°;may appear at;the public hearing and tieheard..with respectato. the;proposed,petiUlon ,., In4? ccordance awith 1=the Anidritans`With;D,isablli= ties'Act,persons needing assistancd;lto participate in any of,ttiese_proceed in gs should;coritact Char, lane Johnson 'City:Clerk; TO W.—Dania°Beach.Blvd; Dania:.'Beach FL;3300M (954)92413622'at lea sY48 hours priorto,meeting;) Any person'who deciides to', appeal:.any%decision made byy theCity Commis,= Sion with're ard=to`,any, matter considered at this; meeting or, heanng;;wilt need a•record of theipro- ceedings.arid for such'pur- pose-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�'.. 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