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HomeMy WebLinkAboutR-2003-224 VA-53-03 Iriondo RESOLUTION NO. 2003-224 A RESOLUTION OF THE CITY OF DANIA BEACH APPROVING THE VARIANCE REQUEST BYALBERTO IRIONDO FROM CHAPTER 28 ZONING,ARTICLE 4.20 SCHEDULE OF LOT YARD AND BULK REGULATIONS FOR PROPERTY LOCATED AT 101 SE 5TH STREET, DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 28 .Zoning, Article 4.20 sets the district regulations for minimum lot widths, area, bulk, setback, and parking requirements in the"RD-8000"Zoning District; and WHEREAS, Alberto Iriondo, property owner, has applied for a variance (VA-53-03) associated with the construction of an addition to the duplex located at 101 SE 5t" Street, Dania Beach with the following variances: 1. To waive 10 feet of the required side setback to allow a 5 foot setback (15 ® feet is required). 2. To waive 5 feet of the required rear setback to allow a 10 foot setback (15 feet is required). WHEREAS, the Planning &Zoning Board on August 20, 2003, recommended that the City Commission grant variance request VA-53-03 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-53-03, for a variance from Chapter 28, Zoning, Article 4.20 Schedule of Lot, Yard and Bulk Regulations, City of Dania Beach Code of Ordinances, a copy of which is attached hereto and made a part hereof as Exhibit"A"be 1 RESOLUTION 2003-224 and the same is hereby approved, subject to the following: a) A pitched roof must be constructed on the new addition at a minimum of 3:12 slope. b) Verification that the building addition does not result in any decrease in pervious area. c)Acknowledgement by the owner to provide a deed restriction relating to entry into subject 's property and the removal of the boat. 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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 23RD DAY OF SEPTEMBER, 2003. BOB ANTO MAYOR — COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER CHUNN - YES COMMISSIONER FLURY- YES CHARLENE JOHNS N COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR MCELYEA - YES MAYOR ANTON -YES APPROVED AS TO FORM AND CORRECTNESS: BY: r R Xk THOIVIASri. AA88RO CITY ATTORNEY 2 RESOLUTION 2003-224 INTEROFFICE xf MEMORANDUM CITY OF DANIA BEACH CITY CLERK DEPARTMENT TO: Linda Mason, Accounts Receivable Department FROM: Charlene Johnson, City Clerk CC: Patty Varney, Finance Director Laurence Leeds, Director of Community Development RE: Recording of"Declaration of Restrictive Covenants"- Alberto Iriondo for property located at 101 SE 5th Street DATE: October 20, 2003 Please have the attached original "Declaration of Restrictive Covenants" recorded in the public records of Broward County. The recording fees may be charged to City Clerk Account #001-1600-512-49-10. If you require further information, please let me know. Upon receiving the recorded documents from Broward County, please return them to my department. Thank you for your assistance. w RECOR T_T JJ----- -- PAGE 1 OF 1 BROWARD COUNTY Al Date: 10/231 From: City Of, 100 West P.O. P.O Box 17 I TO: Recording Section Dania Beacl � / Broward County Records Division I 115 So.Andrews Avenue, Room 114 Contact: Linda Ma: Y2�"`�' Ft. Lauderdale, FI 33301 Phone: (954) 9241 P.O. Box 14668 Ft.Lauderdale, FI 33302 Re: 236 File Number:_ Phone: (954)357-7274 236 File Name: The following documents, having been CAREFULLY reviewed for compliance with Florida Statutes&Florida Administrative Code, are submitted for recording,together with check(s)listed below payable to'Board of County Commissioners", in EXACT payment of fees itemized hereon. PLEASE RECORD THE DOCUMENTS IN THE EXACT ORDER LISTED BELOW. DOCUMENT DESCRIPTION # PAGES # NAME FEE DESCRIPTION FEE NOTICE OF COMMENCEMENT _ 8_„ 3_ 37.50 DELARATIQNOFRESTRIC,TIVE,COVENANT 3 6a` x --28R5.� 14 TOTAL PGA 66.OQ' CHECK# I��'?//✓ CHECK# RECORDING FEES ARE$6.00 FOR THE FIRST PAGE,AND$4.50 FOR EACH ADDITIONAL PAGE OF THE SAME �'11 DOCUMENT. FOR PAGES OVER 14"IN LENGTH,OR OVER 8 1/2"IN WIDTH,ADD$4.50 FOR EACH ADDITIONAL 14"IN LENGTH OR 81/2"IN WIDTH,OR PORTION THEREOF. /-nco INDEXING OVER 4 NAMES IS$1.00 PER ADDITIONAL NAME.HUSBAND AND WIFE ARE COUNTED AS TWO SEPARATENAMES.COPIES ARE$1.00/PAGE. FOR CERTIFIED COPIES,ADD AN ADDITIONAL$1.00 PER DOCUMENT.DOCUMENTARY STAMP TAX ON DEEDS IS CALCULATED @.70 CENTS/$100.00(OR FRACTIONAL PART THEREOF)OF CONSIDERATION. DOCUMENTTARY STAMP TAX ON MORTGAGES IS CALCULATED @.35 CENTS/$100.00(OR FRACTIONAL PART)OF INDEBTEDNESS. INTANGIBLETAX ON MORTGAGES IS CALCULATED @.002 X THE EXACT A OUNT OF INDEBTEDNESS OR OBLIGATION. COPIES$1.00 PER PAGE AND CERTIFIED$1.00 PER DOCUMENT. AL NOTES FROM AGENT: J CITY FILE: RECORDING TRANSMITTAL TO COUNTY FOR CITY CLERK.xls VENDOR 372/1006 001-13-0400-53-490 SEPARATE CHECK ` This instrument prepared by: INSTR#103467 7s7 Thomas Ansbro, Esq. OR BK 36383 Pages 731 -736 City Attorney for RECORDEBROWARDDCOUNTY COMMISSION City of Dania Beach DEPUTY CLERK 1033 c/o 3107 Stirling Road, Suite 300 #2,6 Pages Ft. Lauderdale,FL 33312 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS ("Covenant") made on October 14, 2003 by Alberto Iriondo and Rose Marie Iriondo, husband and wife, with a post office address at 101 S.E. 5th Street, Dania Beach, FL 33004 ("Owner"), shall be and is for the benefit of THE CITY OF DANIA BEACH, a political subdivision of the State of Florida, with a post office address at 100 West Dania Beach Boulevard, Dania Beach, FL 33004 ("City"). WHEREAS, the Owner is the fee simple owner of the property more particularly described in Exhibit A ("Property"), a copy of which Exhibit is attached; and WHEREAS, the Owner has received variance approval from the City of Dania Beach to construct an addition (approximately thirty-seven feet (37') by fifteen feet (15') in size) to a duplex residential structure located on the Property, such addition to be constructed in the rear yard of the Property owned by Owner, which Property is located at the address first set forth ® above, and which Property is also located in the City; and WHEREAS, in connection with the variance approval, Owner agrees to grant this Covenant to the City in order to place certain restrictions upon the Property; NOW, THEREFORE, in consideration of the promises and covenants contained in this Covenant, Owner declares that the Property shall be owned, held, used and occupied subject to the covenants, restrictions and regulations set forth below, all of which shall run with the Property and any part of it and which shall be binding upon all parties having any right, title or interest in the Property or any part of it. 1. Recitations. The recitations set forth above are true and correct and are incorporated into this Covenant by this reference. 2. Conditions of Approval. Owner agrees that the dwelling units located on the Property shall never be converted to include a third dwelling unit, and that the Property shall remain as a duplex, consisting of a maximum of two (2) residential dwelling units. The addition referenced above, as well as any other portion of the existing residential structure, shall never be converted into a separate or third dwelling unit. Owner grants employees and agents of the City, upon twenty-four (24) hours' advance notice, the right to inspect the interiors of all improvements located on the Property, to confirm that no third unit or any other illegal conversion of the building located on the Property has occurred. Furthermore, Owner agrees that no boat or vessel of any kind shall be located, parked or stored on the Property at any time. The 1 failure of Owner to promptly remove any boat or vessel from the Property, as well as any illegal construction work will constitute grounds for the City to have any such boat or vessel as well as any illegal construction work removed and all costs associated with any removal shall automatically become a lien upon the Property, which lien may be enforced through foreclosure and shall include the City's legal costs and attorney fees. 3. Benefit and Amendment to Covenants. These covenants shall be for the benefit of and shall run in favor of the City. These Covenants shall run with the land and shall be binding upon all parties taking title through the undersigned from the date these Covenants are recorded in the Public Records of Broward County, Florida. This Covenant may be amended or removed only by a written document of equal dignity approved in writing by the City. 4. Remedy for Breach. Any breach, as determined by the City, of this Declaration shall justify and allow the City to apply to any Court of law or equity having jurisdiction for an injunction or other proper relief, and if such relief be granted, the Court may, in its discretion, award to the City in any such action, the reasonable expenses in prosecuting the suit, including reasonable attorney fees and legal costs. 5. No Waiver of Breach. In the event of any breach of any provisions of this Covenant, any delay or failure on the part of the City to exercise any rights, powers or remedies provided in this document shall not be construed as a waiver of them or acquiescence in them. 6. Amendments. This Covenant shall not be modified, amended or released as to all or any portion of the Property except by written instrument, executed by Owner of the Property • and approved in writing by the City. Any amendment, modification or release of this Covenant shall be recorded in the Public Records of Broward County, Florida at Owner's expense. 7. Recording of Persons Bound. This Covenant shall be recorded in the Public Records of Broward County for the sole benefit of the City and shall bind Owner and all heirs, successors and assigns to the title of the Property. It shall be recorded by the City at Owner's expense. 8. Effective Date. This Declaration of Restrictive Covenants shall become effective upon the date it is recorded in the Public Records. 9. Cations, Headings and Titles. Articles, paragraph captions, headings and titles inserted throughout this Covenant are intended as a matter of convenience only and in no way shall such captions, headings or titles define, limit or in any way affect the subject matter or any of the terms and provisions of this Covenant. 10. Context. Whenever the context requires or admits, any pronoun used in this Covenant may be deemed to mean the corresponding masculine, feminine or neuter form and the singular form of any nouns or pronouns may be deemed to mean the corresponding plural form and vice versa. 11. Applicable Law and Venue. This Covenant shall be interpreted and construed in • accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Covenant shall be in Broward County, Florida. 2 IN WITNESS OF THE FOREGOING, the Owner has executed this Declaration of Restrictive Covenants on the date first above written. • OWNER: W SSES: Albe 'ondo B !? t e Sign PRINT NAME: Swo inae UaAdkSocial Security No. fir- y33 Rose M i Irion By: S' atu Signatrz PRINT NAME: Social Security No. Po (SEAL) ACKNOWLEGEMENT i STATE OF FLORIDA ) )SS: COUNTY OF Broward ) I CERTIFY that on this day, before me, an officer duly authorized in the State and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by AI—L) to if-tc> ►cLc> and FiC59 ►49.rs, It-Lo usband and wife, the Owner of the Property identified above. They are personally known to me (or they produced rL .Driy-zr's LLe-an&.-P- as identification). WITNESS my hand and official seal in the County and State last aforesaid on Notary Public My commission expires: �r-er�cla �- l� 1 CC��►'tiS Typed, printed or stamped name of Notary Public AV � A 3 b Y T EXHIBIT "A" • Lot 6 of Dania Highlands No. 2, according to the plat thereof, as recorded in Plat Book 90, page 38 of the Public Records of Broward County, Florida. • 4 STATE OF FLORIDA ) • )SS COUNTY OF BROWARD ) AFFIDAVIT 1. My name is Alberto Iriondo and I am the person whose notarized signature appears below. 2. I am an OWNER of a duplex located in Dania Beach, Florida. I co-own it with my wife, Rose Marie Iriondo. 3. 1 state, under oath, to the City officials of the City of Dania Beach, that the copy of the Declaration of Restrictive Covenants that is attached to this Affidavit is a true and accurate copy of the Declaration that I signed and that I understood each and every provision in it, that I had the economic ability and means to obtain legal advice as to its contents and effect and that each of its provisions was read by me, and I fully understood it before I signed it. 4. Further, I, as an OWNER, say nothing else in this Affidavit4rto do Social Security Number Before me, the undersigned authority personally appeared Alberto Iriondo, who, being duly sworn stated that he signed the foregoing for the purrposes stated in it. Such person is personally known tome (or has produced F—L TJ- rI L/zl-S LtC2r1& 2, as identification). Notary Public My commission expires, LWiNO�s N'ARY KWIC SrATROF AMA N 7 .cc94 m MY OAI EYE AM 19,2�_, STATE OF FLORIDA ) )SS COUNTY OF BROWARD ) AFFIDAVIT I. My name is Rose Marie Iriondo and I am the person whose notarized signature appears below. 2. I am an OWNER of a duplex located in Dania Beach, Florida. I co-own it with my husband, Alberto Iriondo. 3. I state, under oath, to the City officials of the City of Dania Beach that the copy of the Declaration of Restrictive Covenants that is attached to this Affidavit is a true and accurate copy of the Declaration that I signed and that I understood each and every provision in it, that I had the economic ability and means to obtain legal advice as to its contents and effect and that each of its provisions was read by and I fully understood it before I signed it. 4. Further, I, as an OWNER, say nothing else in this Affidavit. h Rose Mar-ieJr-io 59L� - gy _-- C1092 Social Security Number Before me, the undersigned authority personally appeared Rose Marie Iriondo, who, being duly sworn stated that she signed the foregoing for the purposes stated in it. Such person is personally known tome (or has produced -FL. ,Dri v_er's L me nz-ems as identification). Notary Public My commission expires: M 1 A L � L Ivry CO MMiS�siON W-N1�dE 19,2Qt li 1. �. APPLICATION NUMBER: CITY OF DANIA BEACHVA U _-53'd3 100 WEST DANIA BEACH BLVD. DANIA BEACH, FL 33004 H[ JUN 2 5 2n (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: A C, Q 67 7-0 I ee(Q/V-to Phone`g5 q) qZ,S-536 ADDRESS OF APPLICANT: 0 ' S E S ST Fax: PROPERTY INTEREST OF APPLICANT: Cxj�jY}eT NAME AND ADDRESS OF PROPERTY OWNER: C) st)k sr ADDRESS AND LEGAL& FOLIO OF SUBJECT PROPERTY: C) 9" S7r 00 (0600 PRESENT ZONING: Fl LOT SIZE/AREA: �� X PRESENT/PROPOSED USE OF PROPERTY: 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): J i yPO®. e2 A/6 t' O O rAQ c-C. ,1 LIST THE NAMES,ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY(I.E. ARCHITECT,ATTORNEY): r 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. 2) Provide evidence that the special conditions and circumstances do not result from the actions of the ® applicant. 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. 5) Describe how the requested variance is the minimum variance that will make possible the reasonable use of th land, building or structure. 4 a a&S'- >c �nr G ��� ✓a2ra/►Ce om P /f S yrr'PCQ %S I Al 21_e f as r vn e'da 41Wf+1'J a Grim reLerc(Q I ora -erI . -4e LJeS+- otiwd sav f'h ® 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. DCcvatec) r c2Q s.•e ors . 7) Please add any other comments which may assist the City Commission and the Planning and Zoning Board in reviewing this request. . ®® ® ® — v — ® ® ® ®e® ®®® v ®® — ®®® ®o —s -- ® _ ® ® ®®oo ®® ® o® ® ® ®e® ®—® ® _® — . 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 37 OHA / �V C� to make and file this application for an S ER STATE OF FLORIDA Print Name: COUNTY OF BROWARD Z,� //bb The forgoing instrument was acknowledged before me on I _,MWI by ?r x P 4&)u__ ,as(title) for(name of entity) a Florida Corporation,who is personally known to me,or produced_ as identification. -� My Commission Expires: NOTARY PUBLIC as April 9,MG05 <�{�affl Bonded fixn . h�r�ne�� Atluitic Tandirg Co.,L;q i FOR USE WHEN APPLICANT IS NOT OWNER OF SUBJECT PROPERTY: THIS IS TO CERTIFY THAT I AM THE OWNER OF THE SUBJECT LANDS QESCRIBED ABOVE N THE APPLICATION FOR VARIANCE AND THAT I HAVE AUTHORIZED _ 3704 / TO MAKE AND FILE THE AFORESAID APPLICATION. 4ARPIF4FR�OPERTY OWNER STATE OF FLORIDA Print Name: COUNTY OF BROWARD Th forgoing nstrument was acknowledged before me on _� , �y as[title]_ Gkl-- �� for[name of entity] _,a Florida Corporation,who'is ` pe onally known to me,or produced as identification. SO My Commission Expire ftaw filmN TARY PUBLIC ];�. .'':�tlantio Bandiag Co,,1n� Check list for Planning Dept.: Plan_� Fee___ Survey _M _ AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 7' 1. DATE OF COMMISSION MEETING: SEPTEMBER 23,2003 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARINGS -VA-53-03 VARIANCE REQUEST 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTIONS 4. SUMMARY EXPLANATION &BACKGROUND: IRIONDO ROOM ADDITION -VARIANCE REQUEST TO ALLOW THE FOLLOWING: a) To allow a 5 foot side yard setback(15 feet is required). Chapter 28,Zoning,Article 4 Schedule of Lot Yard and Bulk Regulations. b) To allow a 10 foot rear yard setback(15 feet is required). Chapter 28,Zoning, Article 4 Schedule of Lot Yard and Bulk Regulations. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Resolution Review Sheets ® No objection letters Variance Application Public Hearing Notice Mailing List/Location Map Survey& Site Plan 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board recommended approval at their February 20, 2003 regular meeting. Submitted by: Laurence G. Leeds, AICP, Director Date September 16,2003 Community Development Department City Manager Date CITY OF DANIA BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT DATE: September 23, 2003 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director G Corinne Church, AICP, Principal Planner SUBJECT: VA-53-03 - Request by Alberto Iriondo for variances to waive the side and rear setbacks to an addition to a duplex located at 101 SE 5t' Street. Variance 1. To waive 10 feet of the required side setback to allow a 5 foot setback (15 feet is required). 2. To waive 5 feet of the required rear setback to allow a 10 foot setback (15 feet is required). Original construction plans indicate this property was built as a duplex. Site inspection indicates two electrical meters on the east side of the building. The property is located in a Duplex (RD-8000) zoning district. Five parking spaces are provided in the front yard. The applicant is proposing a 37' x 15' addition, shown as a family room, at the rear of the main residence. The addition appears to be located on the footprint of an existing patio. The required rear and side setbacks for duplex use (RD-8000) are both 15 feet. The applicant is proposing a five (5) foot west side setback. The addition will provide the same setback along the west property line as the existing duplex (five feet). The vacant property to the west is undeveloped commercially zoned property. The applicant is proposing a ten (10) foot rear yard setback. The intent of building setback regulations in residential areas is to allow for adequate air flow, open space, and distance between buildings. The proposed 10 foot rear yard setback would negatively impact adjacent properties and provide insufficient area for outdoor activities. Ten feet, in staff's opinion, is an insufficient rear yard setback for a building in an RD-8000 zoning district. STAFF RECOMMENDATION 1. Approve the side yard variance (Allow five feet along the west lot line), subject to verification that the building addition allows does not result in any decrease in pervious area. 2. Deny the rear yard variance (Require 15 feet along the rear lot line). PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION On August 20, 2003 the Planning and Zoning Advisory Board recommended approval of both variances with the following conditions: 1. A pitched roof must be constructed on the new addition at a minimum of 3:12 slope, and 2. The applicant must remove the boat parked in the driveway within two (2) weeks. Staff Comments: Staff can enforce the pitched roof condition if said construction is allowed by the building code. The Dania Beach City Code permits one boat (maximum 25 feet length — setback at least five feet from the sidewalk), one recreational vehicle, and one utility vehicle to be parked in the front yard of this duplex. Staff requests the City Attorney confirm if the City can legally enforce a variance condition that prohibits an activity allowed by the Zoning Code. CITY OF DANIA BEACH ROUTING SHEET 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Phone: (954)924-3645 Fax: (954)922-2687 Date: 6/25/03 Folio#: 5142-03-56-0060 Project Name: Iriondo Room Addition Project: VA-53-03 VIA: MAIL PICKUP IN-HOUSE X PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE GROWTH MANAGEMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION. PLEASE LOG YOUR TIME SPENT AND COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU. MX FIRE MARSHAL: Ed Tarmey ❑ UTILITIES DIRECTOR: Michael Sheridan ❑ PRINCIPAL PLANNER Corinne Church ❑ LANDSCAPING CONSULTANT: Bill Tesauro APPROVED AS SUBMITTED: COMMENTS MUST BE ADDRESSED AND RE-SUBMITTED FOR REVIEW DENIED: [ ] PRIOR TO COMMISSION APPROVAL. APPROVED WITH CONDITIONS: [ ) List conditions: Please review revised site plan and return with comments if any. -5e i tax K lAatar c P �Rec2a eS 1- Ei Awmzxt Signature �AQrney Print Name ® Lo 6 103 Date Route Sheet Form.doc j % CITY OF DANIA BEACH �. % ROUTING SHEET 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Phone: (954)924-3645 Fax: (954)922-2687 Date: 6/25/03 Folio#: 5142-03-56-0060 Project Name: Iriondo Room Addition Project: VA-53-03 VIA: MAIL PICKUP IN-HOUSE X PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE GROWTH MANAGEMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION. PLEASE LOG YOUR TIME SPENT AND COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU. ❑ FIRE MARSHAL: Ed Tarmey UTILITIES DIRECTOR: Michael Sheridan ❑ PRINCIPAL PLANNER Corinne Church ❑ LANDSCAPING CONSULTANT: Bill Tesauro APPROVED AS SUBMITTED: [ ) [ ] COMMENTS MUST BE ADDRESSED DENIED: AND RE-SUBMITTED FOR REVIEW [ ) PRIOR TO COMMISSION APPROVAL. APPROVED WITH CONDITIONS: [ List conditions: Please review revised site plan and return with comments if any. Signat re Print Name Date Route Sheet Form.doc �. 1'.,ITY OF DANIA BEACH ROUTING SHEET 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Phone: (954)924-3645 Fax: (954)922-2687 Date: 6/25/03 Folio#: 5142-03-56-0060 Project Name: Iriondo Room Addition Project: VA-53-03 VIA: MAIL PICKUP IN-HOUSE X PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE GROWTH MANAGEMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION. PLEASE LOG YOUR TIME SPENT AND COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU. ❑ FIRE MARSHAL: Ed Tarmey ❑ UTILITIES DIRECTOR: Michael Sheridan PRINCIPAL PLANNER Corinne Church ❑ LANDSCAPING CONSULTANT: Bill Tesauro APPROVED AS SUBMITTED: [ ] [ ] COMMENTS MUST BE ADDRESSED AND RE-SUBMITTED FOR REVIEW DENIED: [ ] PRIOR TO COMMISSION APPROVAL. APPROVED WITH CONDITIONS: [ ] List conditions: Please review revised site plan and return with comments if any. ® .J�IQ So yJ1 1� J-Y 30//S 1 S oec i T�iS Signature Print Nam AML qP Date Route SheetFotm.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 September 23, 2003 at 7:00 p.m., or as soon thereafter as possible, in the City Commission Room, 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-53-03 - Request by Alberto Iriondo for variances to waive the side and rear setbacks to allow for the construction of an addition for a property located at 101 SE 5th Street. The variances requested are as follows: 1. To allow a 5 foot side yard setback(15 feet is required). Chapter 28, Zoning, Article 4 Schedule of Lot Yard and Bulk Regulations. 2. To allow a 10 foot rear yard setback (15 feet is required). Chapter 28, Zoning, Article 4 Schedule of Lot Yard and Bulk Regulations. The property is legally described: Lot 6 of "Dania Highlands No. 2" according to the plat thereof as recorded in Plat Book 90 at Page 38 of the public records of Broward County Florida. Copies of the proposed petition are available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday — Friday please call (954) 924-3645 for more information. Interested AWL 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 Associate Mail: Friday, September 12, 2003 NOTICE OF �•( � ��G\_-� Y�V 1�` PUBLIC HEARING V CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the, City Commission on, Tuesday; September 23, 2003.at vv 7:00 p.m., of as soon thereafter as possible, in the City Commission ROOM,. Administrative Center, 100,West Dania Beach Blvd.,Dania Beach, Florida 33004,f0ir the'pur- pose of hearing any com- ments which might be made to the following re- quest: VA-53-03-Request by Al- berto Iriondo for varianc- es to waive the side and rear setbacks to allow'for the construction of an ad- dition for a property locat- ed at 101 SE 5th Street. The variances requested are as follows: 1. To allow a 5 foot side yard setback(15 feet is re- quired). Chapter 28, Zon- ing, Article 4 Schedule of Lot Yard and Bulk Regula- tions. I 2.To allow a 10 foot rear !yard setback(15 feetisre- quired). Chapter 28, Zon- ing,Article 4 Schedule of iLot Yard and Bulk Regula- tions. The property is legally de- scribed: Lot 6 of Dania Highlands plat 2 accord- ing to the plat thereof as recorded in Plat Book 90 at Page 38 of the public records of Broward County Florida. Copies of the proposed petition are available for viewing in the Community Development Depart- ment, 100 West Dania Beach Blvd.,Dania Beach, Florida between the hours of 8:00 a.m.and 4:00 p.m., Monday Friday please call (954) 924-3645 for more information. inter- ested parties may appear at the 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 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 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. Lou Ann Cunningham Planning Associate September 12,2003 b 0 0££ 300'3 dlZ W08-4 0311Mnoz OOP Z�r3� LG96Z£b000 O dtZC Z y S.iMOH AiNlld �y� 77 co cn 09 > S31d�5 gO c t O N Q O O o 0 0 p 0 0 0 0 0 0 M 0 M O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M 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 O J LL LL LL m _m JJ .J .JJ -lJJJJJJ ..J ..JJJJ _J ..JJJ � Z LL LL LL I LL LL LL LL LL LL LL LL LL LL ��p LL LL LL LL U. 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IN jp O a ow. - Ef . - ,�..>wnwca.-.*:•-u�a-a:a,......>�-.ca...rw++. ;.+cvm�. ....w<:,�....,;. <s�s",..�+`M .wax._w�. ...-_... - . . . . . . : ® N : ;Jo ,y::uaqPPom aye LuoaA a '' '.��.r..'�'"�n�u�+'S��t�i' ."+&.�Si'�Y�;°.�!'" ,: k���+? v..:;:• '� ;:.e'er �.,".- 'q.. "-G� ,.. u" k. - wtr` -":�.�rv. ;�,x�'�s'��:.n.:.�. ?`��."�r.. �S.a.'�+'r�u�`; Variance .Approval February 14, 2003 To:The City Of Dania Beach Attn: Commissioners and P&Z Depts. We the undersigned have no objections to Alberto and Rose Marie Triondo who have resided at 101 SE 5`'Street for the past 20 years getting a variance for set backs and lot coverage if needed to add a family room to the rear of their duplex. Which would be 10' from the existing property line,which now requires 15'. ® Signature: Z-/7VZ Y Print name: . 1�� Address: Phone number: RS q Z S_ 7-2-'' X Z l7 f �rTy I } ,JUN 20G3 1j 1 Variance Approval February 14,2003 To.The City Of Dania Beach Attn: Commissioners and P&Z Depts. We the undersigned have no objections to Alberto and Rose Marie Iriondo who have resided at 101 SE 5`h Street for the past 20 years getting a variance for set backs and lot coverage if needed to add a family room to the rear of their duplex. Which would be 10' from the existing property line,which now requires 15'. ® S►gnature: Print name: kl" /+/v lC w/4)L Address: /0� S E y Phone number: E � P�j j�1pf t JillV 2 5ZOU3 L�" Variance Approval • February 14, 2003 To.The City Of Dania Beach Attn:Commissioners and P&Z Depts. We the undersigned have no objections to Alberto and Rose Marie Iriondo who have resided at 101 SE 5'h Street for the past 20 years getting a variance for set backs and lot coverage if needed to add a family room to the rear of their duplex. Which would be 10' from the existing property line, which now requires 15'. • • F Signature• IIII �p Print nam ' Address: Phone number: " JUiv Variance Approval February 14,2003 To: The City Of Dania Beach Attn:Commissioners and P&Z Depts. We the undersigned have no objections to Alberto and Rose Marie Iriondo who have resided at 101 SE 5''Street for the past 20 years getting a variance for set backs and lot coverage if needed to add a family room to the rear of their duplex. Which would be 10' from the existing property line,which now requires 15'. Signature: Print name:G�/A E1 Address: S 1��N � AANI� I-L- Phone number: �� °— 9 i 1145 ICII V. { � pal � L I Variance Approval • February 14, 2003 To:The City Of Dania Beach Attn:Commissioners and P&Z Depts. We the undersigned have no objections to Alberto and Rose Marie Iriondo who have resided at 101 SE 5'h Street for the past 20 years getting a variance for set backs and lot coverage if needed to add a family room to the rear of their duplex. Which would be 10' from the existing property line,which now requires 15'. Signature: _ Print name: f � Address:` Phone number: � 4— (-7-/77" LI Fir)) � �11� i A iy 203 ;' JI s�( iii 1 Variance Approval February 14, 2003 To:The City Of Dania Beach Attn:Commissioners and P&Z Depts. We the undersigned have no objections to Alberto and Rose Marie Iriondo who have resided at 101 SE 5 h Street for the past 20 years getting a variance for set backs and lot coverage if needed to add a family room to the rear of their duplex. Which would be 10' from the existing property line, which now requires 15'. Signature: Print name: 2rUCL Address: WYA Phone number: e� ; SUN 2003 ?f ((l1 Variance Approval February 14, 2003 To. The City Of Dania Beach Attn:Commissioners and P&Z Depts. We the undersigned have no objections to Alberto and Rose Marie Iriondo who have resided at 101 SE 5h Street for the past 20 years getting a variance for set backs and lot coverage if needed to add a family room to the rear of their duplex. Which would be 10' from the existing property line, which now requires 15'. Signature: Print narnQ I A r ce 16 l`f ss h IA) Address: 1:30 J_ r- Phone number: rx a1 SHARKETS LODGE Apartments&Efficiencies 30 S.E.5th Street Dania Beach,FL 33004 17 s iI �ES l �lf JUN Z2- �I I �'J I I ��IA 111C "C SUNSHINE VILLA APTS O F VI DAN IA C ELEMENTARY SCHOOL 3 -5 ) AMENDE DALTON LT MANO E RONOLA IE APTS VT= : A CONDO OYAL P M GRDN CO O o I m I TS A I SUBJECT PROPERTY IRIONDO VA-53-03 [El AM D D P U D I H A I H IG S E GH S E 1 � -T= C \P O�ET O E I ESELL l I I N 1 I � I Q- QP 36 2 ) H I JHS�= p 1 - 6) T �Q'0� .� HITCHING POST �E QpP� TRAILER PARK �C MEADO (BROOK ODLAW N �II CEMETRY (84-48) (15-18) H G U R STAFF RECOMMENDATION 1. Approve the side yard variance (Allow five feet along the west lot line), subject to verification that the building addition allows does not result in any decrease in pervious area. 2. Deny the rear yard variance (Require 15 feet along the rear lot line). PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION On August 20, 2003 the Planning and Zoning Advisory Board recommended approval of both variances with the following conditions: ® 1. A itched roof must be constructed on the new addition p a ton at a minimum of 3:12 slope, and 2. The applicant must remove the boat parked in the driveway within two (2) weeks. Please Note: The Dania Beach City Code permits a boat (maximum 25 feet length - setback at least five feet from the sidewalk) in the front yard of this duplex since the duplex does not back up to an alley. Because the storage of a boat in this manner is allowed under the zoning code, this condition is unenforceable. BOUNDARY SURVEY LEGAL DESCRIPTION: By Lot 6 of "DANIA HIGHLANDS N0.2" according PULICE LAND.,SURVEYORS, INC. to the plat thereof as recorded in Plat Book 90 at Page 38 of the public records of Broward 6451 WEST COMMERCIAL BLVD. County, Florida. TAMARAC, FL 33319 NOTES: (305) 721-6768 1) Flood Zone: B 2) Map Date: 7-5-83 3) Legal Description was furnished by Transworld Title 4) This survey is certified to Alberto Iriondo; Transworld Title; Greentree Mortgage Corporation; First American Title Insurance Company. • _0 777777 L CERTIFICATION: I Hereby Certify: that this plat of survey was prepared under my direction, that it meets the minimum technical standards for Land File: TRANSWORLD TITLE Surveying in the State of Florida(Chapter 21 HH-6, Florida Adminis- and Scale: 1"=20t trative Code) f ir the type of survey shown hereon and is true 0 correct to the Oe's,"Awknowlbdgeandb liet.Copies of this survey are f' ;liiii�tq the 3rder No.: 11903 undersigned. invalid unje6s' qAosse seal-of the Date; 8/18/87 j r55- /3" F.®.: Sketch .�John F. Puilde, Reg. Land Surveyor#269.1 101 S.E. 5th Street, Dania wifflarn F. Runge, Reg. Land L Surveyor#2359 state of Florida :or. 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