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HomeMy WebLinkAboutR-2003-166-VA-15-03 ESTEP r Y I r RESOLUTION NO. 2003-166 ® A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY JERRY ESTEP, FROM THE CITY OF DANIA BEACH ZONING APPENDIX, ARTICLE II, ACCESSORY AND DETACHED BUILDINGS AND STRUCTURES, FOR PROPERTY LOCATED AT 958 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, Jerry Estep has applied for a variance(VA-15-03)to extend a boat-lifting device 18 feet into an 80-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 allover boat lifting devices to extend no more than eight feet into an 80-foot wide canal. Property located at 958 Nautilus Isle, Dania Beach; and WHEREAS, the Planning & Zoning Board on April 23, 2003, recommended that the City Commission grant variance request VA-15-03 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; WHEREAS, the Marine Advisory Board on June 11, 2003 unanimously approved the applicant's variance request. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application VA-15-03, 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, subject to the following conditions agreed to by the applicant: 1) That the boat lift will be re-inspected by the City every three years, to make sure it is maintained. VA-15-03 Estep 1 RESOLUTION NO. 2003 -166 2) That a reflector will be installed by the applicant in accordance with marine navigational laws. 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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 8T" DAY OF JULY, 2003 O9 AN ON MAYOR-COMMI SIONER TT ST: ROLL CALL: COMMISSIONER CHUNN -YES ' AWYN-j COMMISSIONER FLURY- YES ARLENE JOHN N COMMISSIONER MIKES - NO CITY CLERK VICE-MAYOR MCELYEA - NO MAYOR ANTON -YES APPROVED AS T F RM AND CORRECTNESS: BY: T OM S J ANS ' RO CITY'ATTORNEY VA-15-03 Estep 2 RESOLUTION NO. 2003 -166 Date stamp.. . APPLICATION NUMBER: CITY OF DANIA BEACH VA- I SS- O3 100 WEST DANIA BEACH BLVD. MAR 2 7 2003 DANIA BEACH, FL 33004 (954) 924-3645 ---- ---_ '-J 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: Jerry Estep Phone:954-465-1 1 56 ADDRESS OF APPLICANT: 958 Nautilus Isle Fax: ---- PROPERTY INTEREST OF APPLICANT: owner NAME AND ADDRESS OF PROPERTY OWNER: Jerry Estep, 958 Nautilus Isle ADDRESS AND LEGAL & FOLIO OF SUBJECT PROPERTY: 958 Nautilus Isle Lot 33, Subdivision Shelter Islands 43-6B PRESENT ZONING: SFR LOT SIZE/AREA: PRESENT I PROPOSED USE OF PROPERTY: Single family residence 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): 33-40 ( 13) C. No boatlift shall extend more than 10% the width of the canal. This canal is 80 ft. or 8 ft. allowed. Requesting a total of 18 ft, or 10 ft, more than is allowed. LIST THE NAMES, ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY (I.E. ARCHITECT,ATTORNEY): None. 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. The zoning code calls for a variance to be obtained for all boatlifts more than 10% into the canal.. This Hft is within the legal mooring limits ofmooring ,dines ( 2s1 ) and vessel limits of 30% 2) Provide evidence that the special conditions and circumstances do not result from the actions of the applicant. The canal is too narrow and tn shallnw_ 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. Other yari anc-Pc have haan approyed. on 4 c[`c'a,;g;nn-Q in this canal_ 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 code specificly states that a variance must be obtained as a part of the proceedurP_ 5) Describe how the requested variance is the minimum variance that will make possible the reasonable use of the land, building or structure. The boat lift is 12 1 /2 ft. wide Plus the dock width of 5 ft.The lift can not be =1_ aced aqainGt the seawall 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. Boatlifts are in place throughnut the neighborhood. 7) Please add any other comments which may assist the City Commission and the Planning and Zoning Board in reviewing this request. The code needs to be revised to read lifts may extend 25 ft. from the property line. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - This is to certify that I am the owner of the subject land(s) described above in the petition for variance. (Complete only if applicable) I have also authorized the undersigned petitioner /11 I C t1 AFC- AtOKAlsonl to make and file this applic 'on for variance. GNATU PR R STATE OF FLORIDA Print Flame: _ _ _� vow, _ E,_��r�__ COUNTY OF BROWARD The forgoing instrument was acknowledged before me on MArGh_ 1! fly -_— as[title] �_ for[name of entity) _ ,a Florida Corporation,who is_personally known to me,or—_produced as identification. & RAM __ PAR My Commission Expires: MYCtJhduII�M0DD 05948 NOTARY PUBLIC EXPIRES:March 4.2006 a=mc nw Namy P0k u"vftn •M 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 _ 1hhC R49FL 1—"QV2t So'y TO MAKE AND FILE THE AFORESAID APPLICATION. 4N( R F PROPERTY W N E R STATE OF FLORIDA Print Name: � % _K}.,Jss5-' COUNTY OF BROWARD Z4Cl3L cc The forgoing instrument was acknowledged before me onm��� ,2W byQla` _ �S� ---------------- as[title]- -`�1-4je-Y'_--- ---------------- or[name of entity] __-----—-----,a Florida Corporation,,who is -personall wn to me,or___ roduced______________ as identification. • ecker • MY CoMM"on DDISOM My Commission Ex(l • . Expires November ts,2000 - _ _ A— A OTR PUBLI Check list for Planning Dept.: Plan__-_ Fee_____ Survey _--- AGENDA REQUEST FORM 4: CITY OF DANIA BEACH Nw, AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: JULY 8,2003 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARINGS -VA-15-03 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION &BACKGROUND: Amended Variance request by Jerry Estep for property located at 958 Nautilus Isle, Dania Beach, to extend a boat lifting device18 feet into an 80-foot wide canal. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS(PLEASE LIST): Staff Report Resolution Survey and Boatlift Specifications Letters of no objection Notice of Marine Advisory Board Decision • Correspondence from Bill Wosenitz 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 made no recommendation at their April 23, 2003 regular meeting. Submitted by: Laurence G. Leeds, AICP, Director Date June 24, 2003 Growth Management Department City Manager Date CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT DATE: July 8, 2003 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director FROM: Corinne Church, AICP, Principal Planner SU IECT: VA-15-03 - Request by 3erry Estop for property located at 958 Nautilus Isle, to extend a boat-liffing device iS feet into an 80-foot wide canal Zoning Code allows t-lifting devices to extend no more than 10% of the canal width without a variance. In this case, the Zoning code allows t lifting devices to extend no more than S feet into an 80- wide canal). On May 13 2003 the City Commission directed staff topresent Y tY all dock and related Improvements to the Marine Advisory Board for a recommendation prior to being presented to the City Commission. On June 11, 2003 the Marine Advisory Board unanimously approved the applicant's variance request. The applicant wishs to install a boat-lift that will extend 18 feet (23% of the canal width) into an 80-foot wide canal. The applicant proposes a 13 foot wide boat lift attached to an existing five foot wide dock for a total of 18 feet. 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 un1w 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." In evaluating this variance request, the following shall be noted. 1) Mooring and dolphin piles, also a possible obstruction to navigation, are allowed to extend 20 feet into the canal, two (2) feet more than the proposed boadift. 2) The present variance will allow a boat lift to extend 23% of the canal width. 3) The City Commission granted a similar boat lift variance on November 13, 2001. This variance allowed a boat lift to extend 25% of the canal width. MARINE ADVISORY BOARD RECOMMENDATION On June 11, 2003 the Marine Advisory Board unanimously approved the applicant's variance request. PLANNING AND ZONUNG ADVISORY BOARD RECOMMENDA770H On April 23, 2003 the Planning and Zoning Advisory Board chose to make no • recommendation and allowed the commissioners to make ultimate decision. I, �/Y ��s �� resident and owner of support approval of Jerry& Barbara Estep's, who reside at 958 Nautilus Isle,Dania Beach, variance request to install a boat lift between their dock and storm pilings. The installation of this lift will not affect or impede access to my property or navigation in the canal channel. resident and owner of support approval of Jerry & Barbara Estep's,who reside at 958 Nautilus Isle, Dania Beach,variance request to install a boat lift between their dock and storm pilings. The installation of this lift will not affect or impede access to my property or navigation in the canal channel. i resident and owner of L 4• �S support approval of Jerry &Barbara Estep's, who reside at 958 Nautilus Isle,Dania Beach,variance request to install a boat lift between their dock and storm pilings. The installation of this lift will not affect or impede access to my property or navigation in the canal channel. I, resident and owner of z 4/s support approval of Jerry& Barbara Estep's, who reside at 958 Nautilus Isle, Dania Beach, variance request to install a boat lift between their dock and storm pilings. The installation of this lift will not affect or impede access to my property or navigation in the canal channel. • D� P �Ce tJ ' a l zresident and owner of support approval of Jerry& Barbara Estep's,who reside at 958 Nautilus Isle,Dania Beach,variance request to install a boat lift between their dock and storm pilings. The installation of this lift will not affect or impede access to my property or navigation in the canal channel. 0� Vt J . i I, V7resident and owner of I�33 N'w slA support approval of Jerry & Barbara Estep's, who reside at 958 Nautilus Isle,Dania Beach, variance request to install a boat lift between their dock and storm pilings. The installation of this lift will not affect or impede access to my property or navigation in the canal channel. �S -�3 ja -e.r resident and owner of support approval of Jerry & Barbara Estep's, who reside at 958 Nautilus Isle, Dania Beach, variance request to install a boat lift between their dock and storm pilings. The installation of this lift will not affect or impede access to my property or navigation in the canal channel. J 0 �` �JUN PO 2003 4: 40PM MARINE VBANK DUCK KEY BRAN 305 743 3398 P. 1 6120/03 MAYOR, COWNGSIONEERS, CITY MANAGER,GROWTH MANAG.EMENT SUBJECT-BOAT LIFT AT 926 NAUTLIS ISLE JERRY @BARBRA ESTEP AND TWO NEIGHBRS ATTENDED THE MARINE ADVISOER,Y MEETING 6/11/03,FAULTING THE DOCK ORDINACE ETC, AIR, VMORRISON, SAID HE HAD THE LIFT SEVERAL YEARS AND IT SIMPLY LIFTTING UP AND MOVING IT NEXT DOOR,THEY WERE VERRY CONVINCING, THE MARINE BOARD VOTED TO APPROVE, BUT WE DIDN'T HAVE ALL THE FACTS GARY LUDETKE ATTENDED AND AFTER THEY LEFT INFORMED US THAT WERE NO P S, CITY,MEP ETC, I SUGGEST TIC PLANS, IF ANY BE APPROVED A INDEPENT P. E .AND AN INSPECTIO PREFORMED, ALSO THERE SEVERAL FINES FOR THESE VILATIONS I DIDN'T REALISE WHEN HE SPOKE HE HAD BUILT SEVERAL PERMITED DOCKS IN 12/02 ON NO. E 2ND CT,FIIS BARGE IN THE POINCETTIA CANAL A NUMBER OF TIMES, ON 6/6/03 THREE PILING WERE DRIVEN TWO IN THE CITYS RIPARIAN RIGHTS ON NO. E. 3'. ST AND NO. E. 2ND AVE, I CALLED PUBLIC WORKS THE ADAGECENT OWNERS HAD NO KNOWLEDGE HOW THE PILES GOT THERE, THEY HAD TRIED TO BUY THE RIPIARAN RIGHTS A. YEAR AGO. 6/20/03 A VESSEL WAS DOCKED AT THE NEW PILE I BELIVE ADAGECENT OWNER WAS CITED THE THIRD PILE IS AT 246 NO E 2Nn AVE ON3/21/03 Al O'DOC]K ADDITION PERMIT??? ENCLOSED SKETCH BILL,WOSENITZ JUN 2 0 103 '' -- - -- ..•••• •.� u n � Las t.F% 1%C T 0Kf711 Ju /4a 3398 P • L SEA WALLS NO.E.24 AVE.AND DANIA CUT OFF CANAL SEA rWLLAP NO.E.JRD STREET RIVF,RA DIR 6 CITY VACATED T ME oN E i d 20 Ymn ago to avoid l ,� of maintaining,spa �NO.E,2� AVE. . • wr DANIA CUTOFF POINSETTIA CANAL FOOTER REPAIRED 30 YEARS AGO [INSIDE WALL] DRAINPIPE REPLACED TWO YEARS AGO,NO REPAIR ON WALL SEA WALL COLL ED IN 1975 STREET FALLING IN CANAL BILL WOSENITZ 5110tol r JUN 2 0 03 i i NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on July 8, 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-15-03 - Request by Jerry Estep for property located at 958 Nautilus Isle, Dania Beach, to extend a boat-lifting device 18 feet into a 80 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 8 feet into a 80-foot wide canal). Legally described: Lot 33, Shelter Islands, according to the plat thereof as recorded in Plat Book 43, Page 6, 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: Friday, June 27, 2003 __ —..—_..._—_.... H L E 1 L D F I I L S 3 _ 2 S - WATERWAY TARPON dip FlO IA 1 I L S > NvYRTH ST (5 _1 ) Z z MARLIN WATERWA FLO I N SL S D Proposed:Slte vMt9-03 - --V 3 D E T.(5 -37) O r co cn rn -..... _._.... <� DANIA CUT OFF CANAL N - __ `�`1 FUBLIC'HEAR IWG�� uCITY OF DAPIIA BEACH NO7ICE�IS;HERE8YGIVEN ftiat axpublicThearing„wilt be`heid before'the,iGity, Commission'"on Juty'd8,. 2003 at 7 o0:p m ,or as soon thereafterras possi bid-'m�athe•,Commission Chambers�iri�`the City,kvf: Dar)ia Beach Administra- tive-Center-loowest;Da.; ma`s`Beach,�z9lvd=;,��Dariia iBeach Fforida'33004�'fo6' thegpurposek.iof1 hearingg any=;:,commerttst�wFiieh might be madpAo theffol Jawing request'�s��"� # vA=75 03'=Request,hyJer= ryEsteptfor.propertylo Gated at 958-Nautilusxlsle; Dab iaxBeach to extendia: boat Ilfting device>18 feet mto,a 80,foot wGde.cai ai (The'Zoning,Code'MldWs boat lifting devices d-W ,tend no moreahen 10%df thei'cariairwidth witifouta variance kin+this case;the Zoning Code,allows,!�bgat lifting devices to exterid nofinore hbni8 feet#into,a 80`f00t�witl Legally described ,L_,33;. Shelter,fslands accortlin ioahetplatthereof asre cortled m,vP.lat,�Booky�43 Page 6 t$af,�the r pyfiliC, records oft3'�Brawarcf County Florida�*3t� � Copies of�,the propose petipons are'availablefort ,viewing,,.'-in',_;;the Growth 'Manegementr �Depait merit 100"�lpWestx Dania Beach Sz Fldrida BIvdT"Dania Bd"dch;' between the hours iof 8:00 a m,and 4 00 p;rti`. Monday Friday Interest edtpearties'may,appeee'rAt tlipublichearing andahe he ,rd with;'r`espect to,zthe proposed petition -. lfi�'Accordance`,with the. Arnencarisy.with Disabili« ties Act persons neelirig assistance�to participate; ln',;any of1-1:these;proceed' ings should cohta'ct,Char; lene Johnson, City Clerit 100'W Dan(a'Beach'Bi,vd;. DaniarBeach' FL,"' (954)924=3422 at lea'st"," hours prior,td,meeting:,v Ariy�person'who decides to:;apppeal,""any decision made by the,Plamm�g;and Zoningg Advisory,eoatd or ftie,C(ty Cominls§ion-with reggard;,to*any matter`cont sidered at;thI meeting or,. ,tieanng willneed a record ;of'the proceedmgs;aiid fo% such purpose may pied to` ensure,than a.verbatiiff record of tiie'proceedings ils;made which record"�i ; eludes theetestimony:ahii evidence upon whil.the appeal is°to_base'd P4.4 xs L'ou Ann;Cuninngham'"-N,i, Plennirig Technicians _ r Jill r,. co Z M > Qc? N rn WO DSO CIS CIS Sco � 19, 11, � � 000 ��0pp � 00 � 0 .0- .�- � � � 000 � 0 � � d O O 00 O V- 0 00 0 0 0 0 0 0 0 0 M W M !M J M M M M M M M M M M M M M M MMMM l') M M O M (7 M M lh lOMMMMMWMMMMMMMMMMMMMMMMMMMMMrM ' MMMc7Mc'rJMMM W �a z U LL LL LL U. 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