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HomeMy WebLinkAboutR-2006-195 Seminole-Venezia Variance RESOLUTION NO. 2006-195 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY SHERYL ZVI, LAND PLANNER WITH CONSULTECH DEVELOPMENT SERVICES, INC., ON BEHALF OF REGINA NOVAES PERIM REPRESENTING VENEZIA VILLAS, LLC, FROM CHAPTER 28, "ZONING", FOR PROPERTY LOCATED AT 4432 SW 52ND STREET, DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 6, "Supplementary Use Regulations", Section 6.21, " Off-Street Parking", prescribes the off-street parking requirements for properties within the City of Dania Beach; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 29 "Pervious and Impervious Areas", Section 29.10 prescribes the impervious land area requirements for properties within the City of Dania Beach; and WHEREAS, Sheryl Zvi,with Consultech Development Services,Inc.,on behalf of Regina Novaes Perim representing Venezia Villas, LLC., has applied for a variance (VA-49-06) from Chapter 28, "Zoning", to allow a 22 foot wide driveway (where a 24 foot driveway is otherwise required) and a waiver from the 40% pervious area requirement (to provide 38% where 40% is otherwise required); and WHEREAS,the Planning&Zoning Board on October 18,2006,recommended approval of the variance request 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-49-06, from requirements in Chapter 28, "Zoning", Article 6, "Supplementary Use Regulations", Section 6.21, "Off-Street Parking", and . waiver from Article 29, "Impervious and Pervious Areas", Section 29.10, is approved with the following conditions: The following comments must be addressed prior to issuance of a building permit: 1. Approval of storm drainage details and calculations (Public Services). 2. Fire Marshal's comments dated July 13, 2006 (Fire Marshal). 3. Applicant to provide a 6 foot wall along the west and east lot lines, as well as the north interior lot lines (directly north of the proposed townhouses). 4. In addition to providing drainage improvements to compensate for the 2% reduction in pervious area,applicant shall provide porous concrete paving for the 10 guest parking spaces,subject to determination of availability by the Building Official. 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 on November 28, 2006. i= . PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM,AND CORRECTNESS BY: THOMASIJ. ANSBRO CITY ATTORNEY 2 RESOLUTION#2006-195 /T City of Dania Beach® Florida Department Of Community Development Planning and Zoning Division General Development A lica (954)924-3645 ® Assignment of Flex/Reserve Unite �p �i®� ® Land Use Amendment ® Plat ® Plat Delegation Request ® Rezoning Date Rec'd: Site Plan ® Special Exception .�P- f'o D ® Special Request Petition No.. 6 ® Trafflcway Waiver ® Varlanco A �� 'P -(. L'S ® Vacation Request ® Others THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBM17TED WITH ALL NECESARRV DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may Impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtal a building permit from the City's Building Department. Location Address: 3� � 0. 5-2- S_r z e e'r' REACT/ Lot(s): /0 Block; Subdivision: Recorded Plat Name: eet� Follo Number(s): 51) r� ' t) Legal Description: &OW144D C. AKOOA�le 9 s'/oo 11111fli of lVil6,,ic�sio v, ,, 5 Appilcant/Consultant/Legal Representative (circle one)��4r)je /I- .0 Vi Address of Applicant: 33W COMI?7 -,ec Business Telephone: W? Y ¢39 Y3OL`Home: Fax: ; Name of Property Owner; �A5Ni=zA L LC Address of Property Owner: _ �iN�cJn� IdA y, IJES70/ 333,2 7 Business Telephone i�95�1& Home: Fax: C�S1 SI5- D.2 p v Explanation of Request: ,t�i �+e 8 Prop. Net Acreage: •797 �� Gross Acreage: o ��.3 Prop. Square Footage: _ 3�, 6�� Existing Use: 115y,�c-n;�A� 6/O, Proposed Use: S'A/re' Is property owned individually, by a corporation, or a joint venture? L-LC-, I understand that site plan approval automatically expires within 12 months of ity Cont I Ion a oval, pursuant to Ordinance No. 2005-040. A _. Z * pplicant Ova / r gnaturQ 4PrinNam L---q-- Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This_,___day of r,__20_ Signature: Date: Sign Name of Notary Public State of (Print Name) ( ) Print Name of Notary Street Address, City, State and Zip Cod® Commission Expires: Seal Telephone No. &Fax No. i INDIVIDUAL OWNER NOTARIZED SIGNATU RE: This Is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applkant)Consultant/Representative) make and file the aforesaid application. to Sworn to and subscribed before me This day of 20 Owner; Signature; Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. CORPORATION NOTARIZED SIGNATURE: This Is to certify that the below referenced corporation Is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (AppllcantJConsultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: This day of 20 Signature: Date: (Print Name) Sign Name of Notary Public (Print Title) State of( ) Print Name of Notary Street Address, City, State and Zip Cod® Commission Expires: Seal: Telephone No. &Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lano's descoM, above a d that all partners have authorized (Applicant/Consuitant/Representative) ° r-' er i to make and Ig the aforesaid applicat on. Sworn to and subscribed before me This day of� 20_ Sign ture: Date: Q C3 Q NC)V (Print Name)— �5 �t✓�,t M Sign Name o/ ota ublic State of( � M1lfi i'. )�N IE,4f ESS c: MYC,;T. �:.Sta:e o/Florida 1':Iy 4 2008 Print Name of Notary Street Address, City, State and Zip C Commission Expires: Seal: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. C;onsulTec E July 10, 2006 N 1 E R i p I S E S I r` (:unell-Tech ('nnstrucrmn Shnagenimr,Inc Mrs. Corinne Church ('"Isi1 "nch Planner 1)c%d"Imicnt Scrvicrs, Inc. Community Development Division Fligi mrin 1, Rnl;inc•rrinl;,Inc. 100 W Dania Beach Blvd Ginsul--rcclt Dania Beach, FL 33004 Survging&Mapping,Inc. Phone: 954-924-3700 0111s,l-T«•h Fax: 954-922-2687 Tr:In.six)rtatiicn,Inc. RE: Seminole Village Miramar SP-10-06 Col-N)WIr Ojfi r; City of Dania Beach 3141 (:nr,tun•rec Parkway Miramar. Fl. (1054)4 i8-a iw FAX(954)43*1433 Dear Mrs. Church, Bonita Springs (N)947-1)_ne 11+'1)'N 7 l is+ Ft. Q FA We would like to apply for a variance for the subject property for a reduction of the drive aisle width from 24 feet to 22 feet (0)6511 17 to the west of the parking spaces at the entry into the development, providing 18 foot deepFAX(=�''"('S=�It7%r, City Code, we meet the following criteria below:Spaces. Per F N 541.4 192 (a) That special conditions and circumstances exist which Lakewood Ranch are peculiar to the land, structure or building involved and (''a 1)907 8y'' which are not applicable to other lands, structures or F.\a (941)90 8821 buildings in the same zoning district. Miami (101)599-1141 Per City staff, it was concluded that the angle of the subject FAX 005)599.114{ building needs to be adjusted to allow or for the 20 foot Maples buffer next to the backyards of the single family homes and (219)641-i142 the 20 foot side setback, FAX(0)(,.+.+.51 14 Orlando (b) That the special conditions and circumstances do not FAX(41 M+,4 FAX cam)649-8191) result from the actions of the applicant West Palm BeaCh There are no special conditions and circumstances that have FAX 659.3(,81) FAX(56 ,5 91) � -?105 resulted from the actions of the applicant. ON)'4'•h(14? FAX(5()1) 42.9745 1t `. www•.ctc.�c (c) That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildin s or structures in this same zoning district, g The granting of the variance requested will not confer on the applicant special privilege that is denied by the City's Land Development Code to other lands, buildings or structures in this same zoning district. City St of this variance as well as City of Dania Beach Fire Rescue. aff is supportive (d) That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties In the same zoning district under the terms of this chapter and would work unnecessary and undu haro+sh/p on the applicant; The granting of this variance will not have any deprivation of rights common) enjoyed by other properties in the same zoning district under the terms of the City's Land Development Code would work unnecessary and undue har the applicant. dship on i (e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure, A letter was submitted to the Fire Marshall at the City of Dania beach fire rescue. The Fire Marshal accepted the variance reduction request with 3 conditions. The first condition was that the reduction will be acceptable for the drive entry to the west of the ten parking spaces. The second conditions was for the drive entry to the west of the parking spaces must be designated by yellow painting, striping or markings on the curbs and roadways and the words "NO PARKING — FIRE LANE" must also be included with the striping. These markings must extend from the west side of the pavement six feet to the drive isle. All pavement markings shall be of thermoplastic paint. The third condition required free- standing signs to be provided in accordance with specific guidelines (can be found in Exhibit 1). (>) That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. This variance request is in harmony with the general intent and purpose of the City's Land Development Code and will have any injurious affect to the area involved or'otherwise detrimental to the public welfare. Please feel free to contact me to discuss any issues that may be necessary to satisfy your requirements/needs for the proposed project. Should you have a ny questions or comments on our proposal, please do not hesitate to contact me at MY office at (954) 438-4300 ext. 1026, or on my cellular phone at (954) 214- 4442. Best Regards, L.' Sheryl Zvi, Land Planner Consul-Tech, Inc. 3141 Commerce Parkway Miramar, FI 33025 Phone (954)438-4300 ext. 1026 Fax: (954) 4384308 email: savi cte.c i Web: LM cte.cc CITY OF DANIA BEACH Agenda Item# o Agenda Request Database Date of Commission Meeting: 11/28/2006 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2006-195 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY SHERYL ZVI, LAND PLANNER WITH CONSULTECH DEVELOPMENT SERVICES,INC.,ON BEHALF OF REGINA NOVAES PERIM REPRESENTING VENEZIA VILLAS, LLC,FROM CHAPTER 28,"ZONING',FOR PROPERTY LOCATED AT 4432 SW 52ND STREET,DANIA BEACH,FLORIDA;PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. �,r.���°�'�.s.'.{�.�'�,,,ks., .�✓�" a � � �S°:�.; �'�x ,�N a;uv^,z,._ � ,�a''`��".�� �e^.zssva .,� �a. '.w�" m��. ``.��"r�n'��S�y sa ✓ ?. � � � r „�'" 3�``� i i -} f - �� 3 xx �.sr T� J ✓, ¢,ark �� � ""'�� a :, Gtlif511� criQmpl>Is e5 %� r` . �� µ" �s£' k `��ilk, ✓fg�h,€�„ � � �y�.,�-� �� f € �,9�� ��qL,�� �z�ay y rd '2:«�'��.,o,..�s sw��:aa,,.c>.:,'f�.� ��" .�d. ....�e.� �_.5sfi,.,x._,.�"�.����ur�a;�++.�sv�'��3�, x �..,,arzs.,::��.,.a:r, vs�'✓.k�a:.��°i;?s�, .a ,a+ Y,.s'u'. _ uv sa,. .i ,.»5k a: f � A asxd ,,c'€ ,s.v4a 'r'r�`�rr�'a7' €.�`�P�.T€,a ✓v ..�1',� 'r y sy s Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ -:Ex�lanat�onlB CICgrOItl�v�t`�`��„ 'y s�;, �'` £F�r>i� a ;8%'• �je Wr�nr �� �� df ����.�����x �r„�� ^`�1�'3` '�,'`} � " ,....,.:ae..v„,s.��L:.•,.„.a�zn'��3,�,a:.�`✓.zd,.`����`��r,,.*-v,;:�a�..^zI ..:��. 5ai�"x ta,..,-„�,,.�.,�.w-� �i`.st��wy .�_�`,a.,:�.,�..�t�a.`... ,�.v.�.u�.�.v:,.�.� ett��'n:-.�,sz'i _-,' t��,.��.xY�iXa VA-49-06: The applicant, Sheryl Zvi, on behalf of the property owner Veneza Villa LLC. is requesting variance and waiver for a property located at 4432 SW 52 Street. Resolution Staff Report Application Public Hearing Notice Location Map Mailing List Exhibit 6 Exhibit 7 Exhibit 8 Submifted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Aftomey Date City Manage Date RE qg;, �Q Commission Action: I Approved: R Denied: Continued to: CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: November 28, 2006 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director Corinne Lajole, AICP, Principal Planner Owcol- SUBJECT: SP-10-06/VA-49-06: The applicant, Sheryl Zvi, on behalf of the property owner Veneza Villa LLC. is requesting variance, waiver and site plan for a property located at 4432 SW 52 Street. Variance To allow a driveway to be 22 feet; code requires 24 feet. Waiver To allow 38% pervious area; code requires 40%. Site Plan To allow the construction of 8 townhomes. Property Information ZONING: Broward County, Multi-Family (RD-1 0) LAND USE DESIGNATION: Low Medium (10) Residential VARIANCE The applicant is requesting a variance to allow a driveway to be 22 feet; code requires 24 feet. The variance is necessary in order to provide the min,imum required landscaping adjacent to the east and west property lines in the north parcel of the property. The Fire Marshall can accept the driveway reduction with the following conditions: 1 . The reduction will be acceptable for the driveway adjacent to 10 guest parking spaces; 2. The driveway must be designated by yellow painting, striping or markings on the curbs and roadways and the words "NO PARKING - FIRE LANE". These markings must extend from the west side of the pavement 6' into the drive aisle. All pavement markings shall be of thermoplastic paint. 3. Free-standing signs must be provided in accordance with the following guidelines: a. Signs are to be 24" in height by 18" in width. b. Signs must be of white background 'With red letters. c. The sign must state "NO PARKING - FIRE LANE BY ORDER OF FIRE DEPARTMENT". d. Signs are to be 7' in height from the roadway to the bottom of the sign. e. The sign must be within sight of the traffic flow and be a maximum of 60' apart. WAIVER To allow 38% pervious area; code requires 40%. The Public Services Director has no objection to a 2% waiver of pervious area requirement. Mitigating design improvements were shown, however, the Public Services Director has requested the applicant submit details and storm drainage calculations. SITE PLAN To allow the construction of 8 townhomes. The following comments must be addressed prior to issuance of a building permit: 1 . Submit details and storm drainage calculations (Public Services). 2. Fire Marshall's dated July 13, 2006 (Fire Marshal). PLANNING AND ZONING BOARD PREVIOUS ACTION On September 27, 2006 the Planning and Zoning Board recommended approval with the condition that the applicant provide a 6' wall along the west, north and east lot lines of the site & subject to staff's conditions. CITY COMMISSION PREVIOUS ACTION On November 14, 2006 the City Commission continued this item. NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH VA-49-06 NOTICE IS HERE13Y GIVEN that a public hearing will be held before the City Commission, on Tuesday, November 14 2006-at,,, 7:00 Psm., or as soon thereafter as Possible, In the Dania Beach City (;Ommission K00m, City Hall, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the follc)wing: Request submitted by Sheryl Zvi, Land Planner with Consultech DeveloDment Services, Inc. on behalf of property owner Regina Novaes Perim representing Venezia nd located at 4432 SW 52 Street, Dania Beach. The request is for Villas, LLC., for property VA-49-06 - A variance to allow a driveway 22 foot I wide driveway; (Chapter 28, Zoning, requires driveways to be 24 feet wide). Waiver - A Waiver from the 40% pervious area requirement. (Chapter 2 Impervious land area requirements). 8, Zoning Article 29.10. SP-10-06 -The above requests are in conjunction with a proposed site plan for the construction of an 8 unit town home project (Seminole Village). Property is legally described as: The south 100 feet of the Lots 7, 8, 9 and 10, Block 5, "Broward Gardens", according to the plat thereof, as recorded in Plat Book 21, Page 48 of the public records of Broward County, Florida, and the East 6 feet of the North 116 feet of Lot 8 and the West 44 feet of the North 116 feet of Lot 9, in Block 5, "Broward Gardens", according to the Plat thereof, as recorded in Plat Book 21, Page 48 of the public records of Broward County, Florida. Subject to easement for ingress and egress over and across the south 16 feet of the south 100 feet of Lots 7 to 15 inclusive, Block 5 of"Broward Gardens". Copies of the proposed requests 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 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 Louise Stilson, 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 Notice Date: November 3, 2006 LOCATION MAP CAN BE FOUND OIV THE BACK OF THIS NOTICE LOCATION MAP • RD-1 Q SW 52ND ST Thi h SW 52NUCT RM-15 D d;7 J,- A C, 0 C14 < LL A? > 0 E 0 z M if) it) in, if) r- N rl_ t- rl_ 0 co co 00 Do co C,4 m CV) V) CV) Cf) cf) (11) CV) c1r) m CV) CV) (Y) CV) c T) In in r- it) in rl_ r- r- r- r*- rl- N rl- r�- P, r- N cli r-- r- 19 C? 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