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HomeMy WebLinkAboutR-2002-029 Approving the variance Request submitted by John Bartley, agent for Chris Christianson, owner of property located at SE 1st Terrace and SE 1st Avenue RESOLUTION NO. 2002-029 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY JOHN BARTLEY, AGENT FOR CHRIS CHRISTIANSON, OWNER, OF PROPERTY LOCATED AT SE 1ST TERRACE AND SE 1ST AVENUE(MASON SUB AMENDED PLAT LOT 1 THROUGH 6, BLOCK 3), DANIA BEACH FROM CHAPTER 28, ZONING, SECTION 7.42 AND ZONING APPENDIX ARTICLE V, SECTION 33-214; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, Zoning, Article 7.42, sets the regulations governing permitted use Planned Unit Developments in the City of Dania Beach; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, Zoning Appendix,Article V, Section 33-214 sets the egress and ingress to off-street parking areas within the City of Dania Beach; and WHEREAS, John Bartley, agent for Chris Christianson, owner of property located at SE 1st Terrace and SE 1st Avenue (Mason Sub Amended Plat lot 1 through 6, block 3) has applied for a variance, VA-63-01, to allow: (a) VA-63-01 - Variance request to allow back out parking on SE 1st Terrace (back out parking prohibited) Section 33-214 of Article V of the Zoning Appendix. (b) VA-63-01- Variance to allow a minimum parcel size of 14,700 sq. ft. in a PUD-B district (minimum lot size is 15 acres). Section 7.42 of Chapter 28 (Zoning Code) of the City Code. WHEREAS, the Planning &Zoning Board on January 16, 2002, recommended that the City Commission grant the variance request VA-63-01 (a) & (b) 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-63-01, for variances as described above (from John Bartley—VA-63-01 1 RESOLUTION NO.2002-029 requirements in Chapter 28,Zoning), 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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. PASSED AND ADOPTED THIS 26TH DAY OF FEBRUARY, 2002. 45� PATRICIA FLURY MAYOR— COMMISSIONER ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - NO COMMISSIONER MIKES - NO VICE-MAYOR CHUNN - YES MAYOR FLURY—YES AT ST: CHARLENE J NSON CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: By: TH MA9 J. gB O CITY ATTORNEY ® John Bartley—VA-63-01 2 RESOLUTION NO.2002-029 APPLICATION NUMBER: Date stamp CITY OF DANIA BEACH VA t3-- C7 1 100 WEST DANIA BEACH BLVD. - - DANIA BEACH, FL 33004 (954) 924-3645 APPLICATION FOR VARIANCE The undersigned petitions the City Commission of the City of Dania Beach, Florida to consider the variance of the parcel(s) of land described in this application. NAME OF APPLICANT: Lh n I'?H'7 1"['p L-i Phone: ADDRESS OF APPLICANT: Fax: _I r-)-I f PROPERTY INTEREST OF APPLICANT: NAME AND ADDRESS OF PROPERTY OWNER: C�lY5!9 LSTAWSOy L� jq6-0s,774..ci.'J&7 i Jwaa) K. 330L1 ADDRESS AND LEGAL& FOLIO OF SUBJECT PROP RTY: O) � PRESENT ZONING: OUru AA LOT SIZE/AREA: '700 Z24 fi 7 PRESENT/PROPOSED USE OF PROPERTY: ��^' c a T Tllc> a L4,91,;Y,3 Fla c_// /5,21 Ze k/o 6` = 7 - .; 7' 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 ZON G REGULATIONS AND ARTICLE NUMBERS): V 'Foll LIST THE NAMES,ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY(I.E. ARCHITECT,ATTORNEY): 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. EXHIBIT °D 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 the land, building or structure. 6) Explain how.the grant of the variance(s) will be in harmony with the general intent and purpose of the zoning code, and that such variance(s) will not be injurious to the area involved or otherwise detrimental to the public welfare. 7) Please add any other comments which may assist the City Commission and the Planning and Zoning Board in reviewing this request. - - - - - - - - - - - --- - -- - - - - - - -- - - - - - - -- - - -- - - -- - - -- - - ----- - - - - This is to certify that I am the owner of the subject land() described above in the petition for variance. (Complete only ifs ,applicable) I have also / authorized t undersigned petitioner 'a h rn P')n,./� ,� to make and file this application for an SI OF PR STATE OF FLORIDA Print Name: r / OWNER COUNTY OF BROWARD The forgoing instrument was acknowledged before me on C- 2001 by 6,�S Chil xhAN�°f-� ,as(title]_ for(name of entity] a Florida Corporation,who is personally known to me,or pro uced as identification. My Commission Expires: NOTARY PUB OW p-M, Herman C.Bader,Jr. o y Commission it DD 004294 a= Expires Apn7 9,2005 Bonded Thrn `V(OFflriss atlantic BQndiIlg Co.,Inc. ® 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 1 HAVE AUTHORIZED TO MAKE AND FILE THE AFORESAID APPLICATION. StGNATURE OF PROPERTY_WNER,,,, 1 STATE OF FLORIDA Print Name: COUNTY OF BROWARD The forgoing instrument was acknowledged before me on�-DeC l q 2001 by [ hli C,_C/1 ,as[title]_ for[name of entity] a Florida Corporation,who is_,personally known to me,or produced as identification. ilerman U.Litt,] er, i ;rc-Gres Apr 19 i7 5` My Commission Expires: r/ Grh- c. ;.' , - - $pied� NOTARY PUBLIC ya%ill` A lanfic Bonding Co.,Inc. Check list for Planning Dept.: Plan_� Fee_ Survey _� NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the Dania Beach City Commission on February 26, 2002 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. Petition: Request made by John Bartley, agent, for Chris Christianson, owner of property located at the Mason Sub Amended Plat, SE 1st Terrace and SE 1st Avenue, Dania Beach, Florida. RZ-64-01 - Rezoning request from C-2 (Commercial) to PUD-B (Planned Unit Development) and assignment of four (4) reserve units. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY JOHN BARTLEY"AGENT FOR CHRIS CHRISTIANSON, OWNER, OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SE 1ST TERRACE AND SE 1ST AVENUE, WITHIN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-2 (COMMERCIAL) TO THE CLASSIFICATION OF PUD-B (PLANNED UNIT DEVELOPMENT) ASSIGNING FOUR (4) RESERVE UNITS; SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE ® Exhibit A: Legal Description - Mason Sub Amended Plat 14-19 'h B Lot 1 through 6 Blk 3. VA-63-01(a) - Variance request to allow back out parking on SE 1 st Terrace (back out parking prohibited) Section 33-214 of Article V of the Zoning Appendix. VA-63-01(b) - Variance to allow a minimum parcel size of 14,700 sq. ft. in a PUD-B district (minimum lot size is 15 acres). Section 7.42 of Chapter 28 (Zoning Code) of the City Code. SP-62-01 - Site Plan request to construct two duplexes (4 units) containing a total of 14,700 sq. ft. Copies of the proposed petition 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 Sheryl Chapman, Administrative Services Director, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, and (954) 924-3630, at least 72 hours prior to meeting. Any person who decides to appeal any decision made by 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. 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I11I9A1.� � ®111C� 1 �1�� �� IL���� ®�®�fl���10 ®its rq� ON /�A., o 0 o e ° . . 1 �IIi1C°'lll0 ��I���'+� i „��a lll MR�,t�s®® � Rx. forIce us �,�a i® m AI �IZ �[f 1: I I �fff �'� CC o�Iasi 19Z��EeI• �� illl©��110�111°IIC0111� m 0 �. �. AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: 02/26/02 2. DESCRIPTION OF AGENDA ITEM: VA-63-01 VARIANCE 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION &BACKGROUND: Variance request by John Bartley for property located at 135 & 133 SE 1 st and 129 & 127 SE 1st Ave. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Resolution Variance Application Public Hearing Notices Mailing List Location Map 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 January 16, 2002 regular meeting. Submitted by: Laurence G. Leeds,AICP, Director Date February 15, 2002 Growth Management Department City Manager Date • CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director Growth Management SUBJECT: RZ-64-01: Zoning Change from C-2 (Commercial) to PUD-B (Planned Unit Development) and Allocation of Four Reserve Units VA-63-01(a): Variance to Allow Back-Out Parking on SE 1st Avenue and SE 1st Terrace (Back-out parking prohibited) VA-63-01(b): Variance to allow a minimum parcel size of 14,700 square feet (Minimum 15 acre parcel required in PUB-B) SP-62-01: Site Plan Approval to Permit Two Duplexes (Four Units) ® APPLICANT: John Bartley DATE: February 26, 2002 ZONING CHANGE The subject parcel (zoned C-2) is vacant. The subject parcel has a "Commercial" Land use designation. The zoning designations and existing land use for the surrounding properties are as follows: Surrounding Properties: Existing Zoning Existing Land Use North C-2 Auto Body Shop East RD-8000 Single Family South C-2 Two Family West C-2 Church/Fast Food Current zoning permits office, retail, motel, hotel, and mixed-used residential/commercial. BARTLEY RAVENSWOOD AUTO CC 2-26-02.doc Applicant has submitted a zoning request to PUD-B to construct two duplexes. This is • the second site plan applicant has submitted to staff for this parcel, the first being a site plan to construct a 10 unit motel. No zoning change is required to construct a motel on this property. Applicant's proposal for duplex is not staff's first choice for development of this parcel. However, the absence of frontage on a main road is not conducive to retail or office use. In addition, the presence of the auto body shop makes this site less attractive for mixed- use or fee simple townhouse. Two duplex units would be a more desirable use than the 10-unit motel originally proposed. Please note that the Zoning Code requires 2.0 spaces per duplex unit or 1.1 spaces per motel room. RESERVE AND FLEX UNIT ANALYSIS This property is located within Flexibility Zone 84. Flex Zone 84 includes that portion of the City east of the FEC railroad tracks and south of the Dania Cut-Off Canal. Presently, there are an estimated 169 reserve units and 346 flex units remaining in Flex Zone 84. The applicant is requesting the City Commission allocate four (4) reserve units to this parcel, leaving an estimated balance of 164 reserve units and 346 flexibility units available for assignment to other properties within this same Flex Zone. Previous reserve unit allocation includes Alex Flamingo Groves Building (4 - 6, units) and the Shiff Mixed-Use Development (8 units). VARIANCES Existing development in the surrounding area (church, duplex) is characterized by back out parking spaces. Staff has no objection to this variance. The PUD-B requires a minimum 15-acre parcel size. Please note that had the applicant requested RD-8000 zoning, a minimum parcel size variance (8,000 sq. ft. parcel) and one interior side yard variance (15 feet) would have been required. SITE PLAN The proposed site plans meets all parking, lot coverage, and open space requirements. The 16-foot (east) rear yard setback and 15-foot (south) interior side yard setback are consistent with what would be required under RD-8000 zoning. Applicant also provides a 25-foot setback along both SE 1st Terrace and SE 1st Avenue. This meets or exceeds RD-8000 requirements. Most of the new trees are queen and foxtail palms. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION ZONING CHANGE: Approval. VARIANCES: Approval. SITE PLAN: Approval, subject to 30% of trees to be broadleaf trees. BARTLEY RAVENSWOOD AUTO CC 2-26-02.doc