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HomeMy WebLinkAboutR-2002-035 RESOLUTION NO. 2002-035 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY JAMES S. TOTH, REPRESENTATIVE FOR THE VILLAGE CLUB APARTMENTS FROM CHAPTER 28 ZONING, ARTICLE 5.36 WALLS, FENCES AND HEDGES, FOR PROPERTY LOCATED AT 500 NE 2ND STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28 Zoning,Article 5.36, sets the height requirements for walls, fences and hedges in the City of Dania Beach; and WHEREAS, James S. Toth representative for the Village Club Apartments, has applied for the following: Variance to permit a six foot high (seven foot columns) CBS wall and metal picket fence in the front yard of a multi-family development adjacent to NE 2nd Street {Fence and wall limited to four feet in height in the front yard}. property located at 560 NE 2"d Street, Dania Beach; and WHEREAS, the Planning & Zoning Board on February 20, 2002, recommended that the City Commission grant variance request VA-59-01 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-59-01, for a variance as described above (from requirements in Chapter 28 Zoning, Article 5.36 Walls, Fences and Hedges), a copy of which is attached as Exhibit "A" is approved, subject to the following conditions: a) Applicant to revise site plan to clearly show both existing trees on NE 2nd Street; b) City landscape consultant to verify, prior to issuance of a building permit, that sufficient space is provided between the proposed fence/wall and existing trees; c) Ingress/egress control devices (i.e., electronic gates) cannot be installed without the written approval of the Fire Marshal. 1 RESOLUTION NO. 2002-035 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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 12T" DAY OF MARCH, 2002 . ROBE T H. CHUNN, JR. MAY R— COMMISSIONER ATT ST: ROLL CALL: w COMMISSIONER BERTINO - NO COMMISSIONER MCELYEA - YES CHARLENE J0101SON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TO F RM AND CORRECTNESS: BY: / (� THOMAS T ANSbIRO CITY ATTORNEY 2 RESOLUTION NO. 2002-035 AGENDA REQUEST FORM CITY OF DANIA BEACH Aft AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: MARCH 12, 2002 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING -VA-59-01 -VARIANCE REQUEST 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION &BACKGROUND: Variance request by Jim Toth, representing Village Club Apartments for property located at 500 NE 2nd Street, Dania Beach. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Review Sheets by Fire Marshal Resolution Variance Application Public Hearing Notices Mailing List • Location Map Site Plan 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board recommended approval of this request at their February 20,2002 regular meeting. Submitted by: Laurence G. Leeds,AICP, Director Date March 1, 2002 Growth Management Department City Manager Date • CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT • STAFF REPORT TO: Ivan Pato, City Manager -G G FROM: Laurence Leeds, AICP, Director Growth Management Department DATE: March 12, 2002 City Commission Public Hearing SUBJECT: Variance to permit a six foot high (seven foot columns) CBS wall and metal picket fence in the front yard of a multi-family development adjacent to NE 2nd Street {Fence and wall limited to four feet in height in the front yard). APPLICANT: Village Club Apartments (500 NE 2nd Street) Applicant has submitted plans to install a six-to-seven foot high wall and fence abutting NE 2nd Street. The fence would be set back at least four feet from the existing sidewalk on NE 2nd Street. The plan identifies one of two large existing trees near the proposed wall. The other tree is not indicated on the site plan. The arplicant has also requested permission to extend the fence across unimproved NE 5t Avenue Right-of-Way. The City Attorney indicates the fence can only be constructed on city land with an encroachment agreement approved by the City Commission. The fence encroachment agreement is not part of this variance request. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approval of fence height variance, subject to the following: 1) Applicant to revise site plan to clearly show both existing trees on NE 2nd Street. 2) City landscape consultant to verify, prior to issuance of a building permit, that sufficient space is provided between the proposed fence/wall and existing trees. 3) Ingress/egress control devices (ie., electronic gates) cannot be installed without the written approval of the Fire Marshall. 4) Subject to BSO CPTED ("Community Policing Though Environmental Design') review of the fence variance application. Please note that BSO recommends that the wall portion (next to the east driveway entrance) be deleted from the plan and replaced with a metal picket fence. •" l ��� � v l���9ST L'oPillG -- ----�. �:o A�u�irruM �Rf F/I/rSyED ---_ ��dlE SLsrr�vt�S t'/�s=3Zx3�.�7 0 - i � � f { _ } ��____ M Pt�,Q S�CTlo�c! .. �____ ulAw 0 saw W4w A7aG�`a P,�° ery /® +'�ivsr l,ErrE�S ii,CLUB tsao 1 �.R'lSTI�Cr ��AG�kTo� h � x � 13�ERK f,,t'IS77�cIG � . F,E�Jtt � fr�ri,�G X O TL k A156W F.C1S77Ae4 e,3W47. P-A.E RL/G C,Q4s5 Pq�c�tulAy �T a �L 'T; Ear. 6"8c�xx - ' ?= L s S X 7= . �8touc.'TyP. 4.ZIO N,e. z vo STREET o �,eoAot�y • CITY OF DANIA BEACH ROUTING SHEET 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Phone: (954) 924-3645 Fax: (954) 922-2687 Date: December 20, 2001 Folio#: 50-42-35-00-0280 Project Name: Village Club Apartments Project No. VA-59-01 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: Bud Palm ❑ CITY ENGINEER: Calvin Giordanno ❑ PLANNING CONSULTANT: Cynthia Bertschinger ❑ CITY ATTORNEY: Thomas Ansbro ❑ TRAFFIC CONSULTANT: Molly Hughes ❑ LANDSCAPING CONSULTANT: Bill Tesauro ❑ POLICE DEPT.: Chief Anton ❑ BUILDING OFFICIAL Ken Koch APPROVED AS SUBMITTED: [ ] DENIED: [ X ] APPROVED WITH CONDITIONS: [ ] List conditions: , © Plt,,.� mu,sr sHow 50 ouisio�= -nAlzru I?AJIus a �r'hc L��TeaN Oe Ca_E 2CaAAtLE17 p i L-jes i ACCe_5S 12oAp . &-kiTeAjce U tJo �(edye AC,rosS Wes i* ' 1 Signature to c c e S S � �nLTRa�vC e Ar�,M,L Y Print Name Date PETITION ROUTING SHEET.doc FROM : ,-, FAX NO. : Nov. 25 2000 07:37PM P4 11'�15/2001 17,09 VAN IO BEACH GMD 4 9130%'Gx%7M 110,594 004 Wvr7 lr� Date stamp APPLICATION NUMBOR: CITY OF DANIA MACH. 100 WEST DANIA BEACH BLVD NOV 2 8 20ol V DANIA BEACH, FL 33004 (954) 924-3645 APPLICATION FOR VARIANCE --'- j The undersigned peftns the City Commission of the City of Dania Beach. Florida to consider the varlance of the parcel(s)of land de5vibea in this application. NAME OF APPLICANT: Phone: ADDRESS OF APPUCANT: Fax: PROPERTY INTEREST OF APPLICANT. NAME AND ADDRESS OF PROPERTY OWN ER' Sfi 4 .4lie,01, ADDRESS AND LEGAL& FOLIO OF SUBJECT PROPERTY. PRESENT ZONING; LOT SIZFJAREA• . 4-,o?1ACAz-$ PRESENT I PROPOSED USF- OF PROPERTY. DESCRIPTION OF VARIANCE (S): (LIST THE ZONING CORE SECTION YOU WOULD LIKE THE VARIA%Cg FmOM AND WHAY 13 pRopOSED_PLEASE CCNTACr yHE ZON"DEPARTMENT FOR ASSISrAN94T to THE ZOWNGI REj;Uj.A7j10NS AIM AfMCLU NUMSERSY LIST THE NAmeS,ADDRESS AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY(I.E. ARCHITECT.ATTORNEY): pLEASC C0Afpj_gTg Ttjj$ pOR770JV OF 7W APPLICAVON CAREFUUY. EACH REQUESTFOR A VARL4NGE Must STAND OtV rM OWN MgR"T WMOUT REoARD TO ANY OTHER PROPERry The ibllowliig quesijons permin to the criWa upon wWJI the CRY Commission and Planning and Zoning Board wlil consider this application. 1) ocgcobe how apedal conddlons end cirwm0ances exivt which sr& pecuoar to the land, strixture or building JMVD'ved and wh--h 61m rj(A Wlicabis to t7thw Lanft, 51TOCWrou oT buildings in the Gem Zoning district. FROM FAX NO. Nov. 25 2000 07:37PM P5 11/15i2001 17.09 DANIA BEACH GMD A 9i33S"26270 NO.594 905 -w 0 2) Provide evidence that the speoial ronditl V4 Circumstances do not result from fh® eGt 0m of the applicant. 3) Dewdbe how granting the requesGaC variV=(s) Will not Confer Orly 800081 privilege on the applicant that is denied by the zoning in_g code to Other lands,buildings or structwes in this samet.zoning distA 4) Provide evidence that the ifteral Interp►etirdon of the proYMOM Of the zoning code would dleptive the applicant of rights comrnnnly efljoyed by mher propertfe s In the same zoning district and would work unnecessary and undue hardship on"apptkWt. 5) pescribe how the requested variance is the minimurtl variance that w171 matte possible the remsonobte use of the lend,building or strixture. 6) rrxplaln haw the grant Of the veriartae(s) will be in harmony tits,the genaml intent and purpose of the zcring Ct1dA, and that such Varlatxa(s) w1i not tie in)wious to MO ama InvgI Rd or othstw(s® datrimsntal to the public welfare. 7) plome® Add any other oommente which may assist the City Comm"'On and the Planning and Zoning (Board in reviewing thls request. �4 w m®0 0 a d® S W r-r o w r d r O Y ®®if® 0 R � V p w w r a� o r i O�r r o 0 ®® O A w 0 0 0 �P�r A• Thle is to certify that I am the owner of the subod land(s) described above in the paWOM for variant+& (Complete only if app(ir UO) I toe also Butt fled the undemigned pnttdonOf to make and file this eppllctdio for vadnence. gr t8T�1 Oil i�rM4 idat>+ w m C0j"WQFPR0WAW o% a`( __.2001 by �s 16-F�J 'rho forgoing instrurment waa+aknowtedged belore me on 89[title) n c for(name of entityl 62 �3 e Florida Cs rsUOn,who Is psrt;onaly known to m br ��prt7dUce 91s Identification, ° �'', e d21?F>PIKES My Gemmiseion ExpireB:/O C o er 19,2002 4. n" `` BONDED THRU TROY FAIN INSURANCE,INC FPOM : FAX NO. : Nov. 25 2000 07:37PM PG 11�Y5i2i7i71 1?:89 DANIA RPACH GMD a 913t-56626270 N0.594 D06 FOR DSiS EN APPLiC.01AIT OF gUS&C' 7Y: THIS 19 TO CERTIFY THAT I AM TH♦=OWNER OF THE SUBJECT OS SCRIBED ABOVE IN THE A LICA' AND R V VARIANCE C AFORESAID THAT AiT I HAVE AUTHORIZEDMAXE APPLICATION. SIGNATURE OF PROPERTY OWNER STATR OF FLOMA Print G'omy OF DROWARD The forgoing Instrument w0s scknowleog barar®r"o tpr(rt200 of entltyl as(titiel a Roridb Corporation, la_ _p ontity known to Ale,AP_—produced so identification. my Commission Expiras; R&ARY PUBLIC Cheaa list for Plon"Ing Dept.: Pt®n Fos $uirvey Village Club Apartments 500 N.E.2"d Street, Dania Beach, FL 33000 Phone:954-000-000 Fax: 954-000-000 rNovember 29,2001 Mr. William Johnson Chief Code / Zoning Officer 100 W. Dania Beach Blvd. City of Dania Beach Dania Beach, FL 33004 Re: Variance Application & Request for applicable direction Dear Mr. Johnson Please find enclosed application fees, preliminary site and elevation plans including photographs of comparable properties for your use in providing direction and guidelines to install various site improvements being planned to the above property. We have recently purchased the property and are desirous of substantially improving the properties overall appearance benefiting the City of Dania Beach, the neighborhood and our resident tenants. Items requested: . Existing driveway entrance Description: Widen existing main entrance and exit approaches including concrete curbing, curbed center planting island divider and replacement of macadam drive with stamped concrete paving break. Reduction of 3 existing car spaces to be replaced by installing 3 new car parking spaces on site at western paved area. Purpose: Define main entrance; improve traffic flow, and resident security. Request: Does this improvement require additional approvals other than building permit? Patch paving will be required from the property line to the City roadway. Does this patching installation require additional permits? Fencing Description: Install continuous open picket 6-0' high, prefinished white fence along property frontage on 2Id Street. Fencing to be screened with continuous planting material maintained at 4-0' in height on street side with intermittent landscaping on building / parking side. Purpose. To provide a visual buffer of the continuous parking lot impact at the northern property on 2nd Street. We believe that this request is not contrary to public interest but would enhance the appearance and values of the surrounding and adjacent neighborhood and aesthetic quality. Additionally, the continuous fencing will provide and complete the property perimeter security & safety control for all residence and families in addition to affording an improved and pleasing visual barrier for the residential neighbors across the street. Request: We are assuming that a variance would be applicable to this item due to the height • of the fencing. Please advise. Attached photographs of similar use neighboring properties as a guide and illustration of this planned improvement. Additional Fencing Description: Continuation of planned 2"d Street fencing above from the N.W Village Club property line and continuing over the existing unused City of Dania right of way and continuing West and abutting the adjacent property chain link fence and property of Dania Jai Alai. The City of Dania, right of way, is grassed and is presently being maintained by Village Club Apartments and Dania Jai Alai . The fence portion that would extend on the City unused right of way would be installed to be immediately removable by us within a 48 hour notice by the City if Dania Beach and would include a pair of unlocked 8'0 gates to be used if required by the City or for emergency purposes. Purpose: To complete the visual structural barrier and landscaped buffer on the open and grassed City property to provide additional security and safety of residents and families. We have been experiencing unauthorized after hours access to our property by means of a secondary limited access entrance at the N.W. corner of the property and adjacent to the City right of way property. The after hours assess is continually being used as a convenient means and place to dump garbage and refuse. Additionally, personal and resident property has been vandalized and damaged. Please note that the City, right of way, property is fenced across at our Southern property line and this location contains mature palm trees, paved surfaces and utility connections. Request: Please advise as to the most appropriate and timely action that could be perused. Signage Description: Abandon existing free standing 2 sided sign measuring 3' X 5' located on 2nd Street and to install replacement signage and building identification on the proposed masonry wall section adjacent to the proposed main entrance improvement. Identification letters to be cast/cut and are proposed to be 12" high and would conform to zoning requirements. We look foreword to your earliest response and scheduling of our request. Please feel free to call with any questions you may have and we are always available for a meeting. Sincerely, James S. Toth Managing Principal NOTICE OF PUBLIC HEARING ® CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on March 12, 2002 at 7:00 p.m., or as soon thereafter as possible, in the Dania Beach 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-59-01 - Variance request b t James Toth, representing Village Club Apartments, for property located at 500 NE 2" St, Dania Beach. Variance request to permit a six foot high (seven foot columns) CBS wall and metal picket fence in the front yard of a multi- family development adjacent to NE 2"d Street (Fence and wall limited to four feet in height in the front yard). The property is Legally Described as: 35-50-42 W Y2 of NW '/4 of NW % of SW % less N 30 for St. and less W 35 for Rd. Copies of the proposed petition are available for viewing in the Growth Management Department, 100 West Dania Beach Blvd., Dania Beach, Florida betNeen 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 Charlene Johnson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3630, at least 48hours 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. Lou Ann Cunningham Planning Technician Publish: March 1, 2002 � a000 0) M o Q Z) O > J co UN w 'T NI Q O Z O T- M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 J J J M m M M M M M m m m M M co co co co co M J _ C'n w U 0 LL - I J y W J J J J J J J J J J J J J J J C' LL (nwLLLLLL.. 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