HomeMy WebLinkAboutR-2002-064 RESOLUTION NO. 2002-064
A RESOLUTION OF THE CITY OF DANIA BEACH APPROVING THE VARIANCE
REQUEST BY THE BROWARD COUNTY COMMUNITY DEVELOPMENT
DIVISION, REPRESENTING HOMEOWNER AMARILLA CURE FROM CHAPTER
28 ZONING, ARTICLE 26, SECTION 26.10, FOR PROPERTY LOCATED AT 209
NW 14T" CT., DANIA BEACH; PROVIDING THATALL 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OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT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 26, Section 26.10 sets the district
regulations for minimum lot widths, area, bulk, setback, and parking requirements in the
residential "R-2" Zoning District; and
WHEREAS, the Broward County Community Development Division, representing
the owner Amarilla Cure for property located at 209 NW 14th Ct., Dania Beach, has applied
for a variance (VA-16-02) which would allow the petitioner to demolish the existing home
and construct a new single family home at the site on a lot which does not meet the
requirements; and
WHEREAS, Chapter 28, Article 10.14 states that variances for lot frontage and lot
size for property located within the officially designated Community Development Block
Grant Redevelopment target area shall be heard directly by the City Commission, and
WHEREAS, staff has recommended that the City Commission grant variance
request VA-16-02 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-16-02, for a variance from Chapter 28,
1
Zoning, Article 26, Section 26.10, City of Dania Beach Code of Ordinances, a copy of
which is attached hereto and made a part hereof as Exhibit"A" be and the same is hereby
approved, to build a 2-bedroom 2-bath home with a 15' rear yard setback and a 38 foot
long driveway.
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are repealed to the extent of such conflict.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 14TH DAY OF MAY, 2002.
RO RT H. CH AN, JR
MAY R — COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
CHARLENE JO N ON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
APPROVED AS TOM AND CORRECTNESS:
BY: d
TH6mAs J'ANSBRO
CITY ATTORNEY
2
Date stamp
APPLICATION NUMBER: CITY OF DANIA BEACH hr
O-L 100 WEST DANIA BEACH BLVD, J'
DANIA BEACH, FL 33004
(954)924-3645 ' 1
APPLICATION FOR VARIANCE
IT Ills
The undersigned petitions the City Commission of the City of Dania Beach, Florida"'to'cons�der
the variance of the parcel(s) of land.described in this application.
NAME OF APPLICANT: o(!� ( (C4 too' Phone: O6so
ADDRESS OF APPLICANT: aol NW
T" -C-0 Fax: RL. 333a4
PROPERTY INTEREST OF APPLICANT:. N rZt laz �"FisO
NAME AND ADDRESS OF PROPERTY OWNER: 2k�l°l kW ldra ':�dclAr
ADDRESS AND LEGAL&FOLIO OF SUBJECT PROPERTY: 114
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SWH czamogEms . Z6 • 37 SIVAf -- 3(49+-
PRESENT 70NING: LOT SIZEIAREA:
PRESENT/PROPOSED USE OF PROPERTY: 12 P-6c
DESCRIPTION OF VARIANCE(S): (LIST THE ZONING CODE SECTION YOU WOULD LIKS TH& -'
VARIANCE FROM AND WHAT IS PROPOSED—PLEASE CONTACT THE ZONING DEPARTMEAIT
FOR ASSISTANCE WITH THE ZONING REGULATIONS AND ARTICLE NUMBI=RS):
TD B ult-
Sl EoIL r�hir, Ibps _ AN12 9Mr-
LIST THE NAMES,ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY(I.E.
ARCHITECT,ATTORNEY): A,
IA
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 spacial 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. _ f
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2) Provide evidenco 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.
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4) Provide evidence that the literal interpretation of the provislons of the zoning code would deprive tha
applicant of rights commonly.enjoyed by other properties in the same zoning dlstrict and would work
unnecessary and undue hardship on the applicant.
7�' hTrac.��r� SIT a PI,.oN
5) Describe how the requested variance is the minimum variance that will make possible the reasonable
use of the land, building or structure.
SEt£. A-rro uiz,o Sc,RV�Y
® 6) Explain how the grant of the variances) will be in harmony with the general intent and purpose of the
zoning code, and that such variances) will not be injurious to the area involved or otherwise
detrimental to the public welfare.
ALL
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Ofs T& __ Z_�I1JC( GDtoE.
7) Please add any other comments which may assist the City Commission and the Planning and Zoning
Board in revlewing this request.
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This is to certify that I am the owner of the subject land($) described above in the petition for variance.
(Complete only if applicable) I hwe also authorized the undersigned petitioner
_to make and file this application for variance.
STATE OF FLORIDASIGPWTURE OF PROPEfiTY OV4IVER
Print Name:
COUNTY OF 13ROWARD The forgoing instrument was acknowledged before me on _ono'► ,,,
asitir�j_ for(name of entity]
ntity)
a Florida Corporation,who is___,_personally known to me,or produced
as Identification.
My Commission Explres: NOTARY PUBLIC —'
® FOR USE WHEN APPLICANT IS NOT OWNER OF SUBJECT PROPERTY: THIS IS TO CERTIFY THAT I AM
THE OWNER OF THE SU&JECT LANDS DESCRIBED ABOVE IN THE APPLICATION FOR VARIANCE AND THAT
I HAVE AUTHORIZED 12&V/A" 4QLA 1 ZY TO MAKE AND FILE THE AFORESAID
APPLICATION. _.
SIWATURE OF,PftOPER OWyEF� _
STATE OF FLORIDA Print Name:
COUNTY OF BROWARO /;
T forgolrjgjn ment was acknowledged before me on,��1C� ,2002 by 4 6V
li'' es title for(name of entity)
nalry known tome,or_produced
as identificatlo ShkA MILL'ER—
ca� r �::as I
My Commissio x t�J ^`"Al '�`
Ap it WJ U OTAR Y PUBLIC
Check list for Planning Dept: Plan Fee Survey
SARA MILLER
eM l7WM AN 27 200
KWM INhounn
L
_ AGENDA REQUEST FORM
CITY OF DANIA BEACH
f 7
AGENDA ITEM NO. .
1. DATE OF COMMISSION MEETING: 05114/02
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARINGS -VA-16-02 VARIANCE
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
Variance request by Amarilla Cure for property located at 209 NW 14t'Ct. Dania Beach
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Letter from Broward County- Human Services Dept/Community Development Division
Resolution
Review sheets from Bud Palm, Utilities/Public Works and Ed Tarmey, Fire Marshal
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:
Submitted by:
Laurence G. Leeds,AICP, Director Date April 29,2002
Growth Management Department
City Manager Date
GROWTH MANAGEMENT DEPARTMENT
STAFF REPORT
TO: Ivan Pato, City Manager
ell
FROM: Laurence Leeds, AICP, Director
Growth Management Department
DATE: May 14, 2002
RE: VA-16-02 — Variance request by Amarilla Cure for property
located at 209 NW 14t" Ct., Dania Beach, Florida, to permit a
single family home with the following variances:
1. 43 foot wide lot (minimum 50 feet required)
2. 3,655 square foot lot (6,000 square feet required)
3. One parking space (two parking spaces required)
4. 45% lot building coverage (maximum 40% lot allowed)
5. 10 foot rear yard setback (15 feet required)
EXPLANATION
The applicant has applied for assistance through Broward County's Residential
Redevelopment Program for a $63,000 grant to construct an approximate 1,200
square foot single family 2-bedroom, 2-bath family home.
The proposed house would be located on the north Y2 of Lot 9, Block 2, of the
Sun Gardens Plat. The parcel has 43 feet of frontage and contains 3,655 square
feet of land. The parcel was quit claimed to Ms. Cure from members of her
family in 2000.
The south Y2 of Lot 9 (located to the south) and Lot 10 (located to the north) are
both owned by other parties. The south Y2 of Lot 9 contains a single family
home. Lot 10 is vacant.
Generally, staff would not support a single. family home on so small a lot.
However, the south Y2 of Lot 9 is already developed, the applicant has no
ownership interest in either of .the .adjoining properties, and staff wishes to
encourage single family home ownership. As such, staff can support the
variances _fgr Jot wjdt_h, Igt �i2 1Ps?r varrl cPtharJ< and lnt rnvarnn,0 Rfnff r_an
�_.
not support the parking variance.
STAFF RECOMMENDATION
Approval of variance 1, 2, 4, and 5, subject to applicant providing two on-
site
parking spaces setback at least six feet from the side lot lines.
There is no Planning and Zoning Advisory Board recommendation since Section
10.14 of the Zoning Code provides that variances for lot frontage and lot size
located within the Community Redevelopment Block Grant Target Area shall be
heard directly by the city commission.
Human Services Department
Community Development Division
T 115 S. Andrews Avenue, Room 318
BROWARD COUNTY Fort Lauderdale, FL 33301
(954) 357-5800 • FAX765-4919/765-4914
April 11, 2002
City Commissioners
City of Dania Beach
100 West Dania Beach Boulevard - -
Dania, FL. 33004 RE: Ms. Amarilla Cure
209 North West 14`h Court
Dania, FL. 33004
Dear City Commissioners:
Ms.Amarilla Cure has applied for assistance through Broward County's Residential Redevelopment
Program and been determined eligible to receive a Benefit Payment in the amount of$63,000.00
as owner-occupant of the above referenced property.
The job has been awarded and the contractor has applied for the building permit. However, the
permit was not granted due to the need for variances for the lot size and set backs in order to rebuild
on the existing lot.
Ms. Cure does not own another lot. Therefore, the variances for the lot size and set backs are being
requested. Additionally, the City of Dania is being asked to waive all fees for the variances. The
owner is a low income person and cannot afford to pay the fees. Granting the variances will allow
Broward County Community Development Division to continue with this project. In addition,
another new home will be added to the City's housing stock.
If additional information is necessary, please contact Carlos Suarez at 954-357-5831or Rubye
Ellington at 954-357-5814.
Sin ly,
Ra oms
Director
Y
Community Development Division
RL/cros
cc: Rubye Ellington, Financial Advisor, CDD
Carlos Suarez, Housing Inspector, CDD
Homeowner's file
BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS—An Equal Opportunity Employer and Provider of Services
Josephus Eggelletion, Jr. Ben Graber Sue Gunzburger Kristin D. Jacobs I1en6 Lieberman Lori Nance Parrish John E. Rodstrom, Jr. James A. Scott Diana Wasserman-Rubin
Visit us on the Internet:www.broward.org/wecare
CITY OF DANIA BEACH
ROUTING SHEET
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
Phone: (954) 924-3645 Fax: (954) 922-2687
Date: April 15, 2002 Folio#: 50-42-33:44-0190
Project Name: Community Development/Amarilla Cure Project No. VA-16-02
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
39 UTILITIES DIRECTOR: Bud Palm
a LANDSCAPING CONSULTANT: Bill Tesauro
APPROVED AS SUBMITTED:
[ ]
DENIED: [ ]
APPROVED WITH CONDITIONS: [ ]
List conditions:
Signatur
Print Name
Z,3 IZ�,dC�Z
Date
Route Sheet Form.doc
CITY OF DANIA BEACH
ROUTING SHEET
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
Phone: (954)924-3645 Fax: (954)922-2687
Date: April 15, 2002 Folio#: 50-42-33=14-0190
Project Name: Community Development/Amarilla Cure Project No. VA-16-02
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
❑ LANDSCAPING CONSULTANT: Bill Tesauro
APPROVED AS SUBMITTED: [ �]
DENIED: [ ]
APPROVED WITH CONDITIONS: [ ]
List conditions:
1
2i
Print Name
/1110Z.
Date
Route Sheet Form.doc
_. . . � v
SUN - SENTINEL
.NOTICE OF PUBLIC HEARING F;,y�,
PUBLISHED DAILY -CITY of DANIA BEACH t,
NOTICE IS HEREBY GIVEN that a public heanng well be
FORT LAUDERDALE, BROWARD COUNTY, FLORIDA held before the City,Commission on May.14 2002`at i
7'00 p.m.;'or as soon thereafter..as-0 ssibie,Jn the
BOCA RATON, PALM BEACH COUNTY, FLORIDA city commission Room, Administrative center 10o j
west Dania Beach Blvd Dania, m might
Florida.33004,
MIAMI, MIAMI DADE COUNTY FLORIDA I
for the purpose of hearing any coments which might i
be made to the following request,'
VA-16-02 - variance request"by Amarilla Cure for
property located at 209 NW 14th Ct., Dania Beach,
STATE OF FLORIDA Florida,to permit a single family home with the fol-
COUNTY OF BROWARD/PALM BEACH/MIAMI DADE lowing variances from Chapter 28;zoning;Article 26,
Section 26.10 of the Dania Beach Zoning Code
BEFO E U ER IGNED AUTHORITY, PERSONALLY APPEARED
1.43 foot wide lot(Minimum 50 feet required)
2.3,655 square.foot lot(minimum 6,0i. square feet
WHO,ON OATH, SAYS THAT required.)
3.One parking space(minimum two parking spaces
SHE IS A DUL AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED required.
EPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED a4.ge all%loted.) ngcoverage(maximum40%lot cover:
age allowed)
IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE 5. 16 foot rear yard setback(mmimum:l5 foot�ea'r
yard setback required.) ..G
ATTACHED COPY OF ADVERTISEMENT, BEING A: VA-08-02 -Request by Joseph C..Dorsey,-Executive
Vice-President of.Community Bank'of Broward'for
property located at.1991 Stirling Rd.;_Dania-Beach,
PUBLIC HEARING NOTICE Florida for a sigh variance from chapter 28,Article 28
Section 28.110(3)(a)&(b).Applicant wishes to install
a.pole sign measuring 22 feet high with a.92 sq.ft.
sign set back one foot from the front lot'iine;(Sign,
IN THE MATTER OF: code allows seven feet high 42 square foot'sign,set
back five feet from the front lot line)..;;;;;
Public Hearing eroperty isle all escribed as Lots 10,11 1.2 and 13
of Block 2,?H oil ywood Beach Crest?,According tot e
plat thereof recorded in Plat Book 11,Page 24,Public
IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE Records of Broward County,Florida,Less the follow-
ing described property:The out 23.00 feet of Lots
ISSUES OF: 11,12,and 13,Block 2 of?Hollyw00 Beach Crest?,as
recorded in Plat Book 11, Page 24 of the'Public
Records of Broward County,Florida and that p6f-pon.
5/3,1 D 10881949 of said Lot 11,lying southwesterly of the chord of a i
circular curve concave northeasterly,having a radiusi
of 25.00 feet,and being tangent to the west line of
said Lot 11 and being tangent to a line 23.00 feet
AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER North of and parallel with the South line of said Loth
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA,
S
AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY Copiesoftheproposedpetitionareavailableforview-
® ing in the Growth Management Department,100 West;
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, Dania Beach Blvd.,Dania Beach;Florida between the I'
EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE hours of parta.m.and pea .att Monday Friday.nd
terested parties may appear.at the public hearing and
POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, be heard with respect to the proposed petition.
FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF in accordance with the Americans WithDisabilities
ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT Act,persons needing assistance to participate in onyx
of these proceedings should contact Charlene John-
HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR son, City Clerk, 100 W. Dania Beach Blvd, Dania,
Beach, FL 33004, and (954) 924 3622 at least 48 ;
CORPORATION,ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE hours prior to meeting
PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID Any person who decides to appeal any decision made'
NEWSPAP by the Planning and Zoning Advisory Board the City
Commission with regard to any matter cohsisidered at
this meeting or hearing will need a record of the pro-
ceedings and for such purpose may need to ensure
that'a verbatim record of the proceedings is made,.
( ATURE OF AFF ANT) which record includes the testimony and evidence:
upon which the appeal is to based.
Ann Cunning
SWORN TO AND SUBSCRIBED BEFORE-ME Planning Techn cianm
ON: 03-May-2002 A.C. May s,zoos
1 �
(SIGNA URE OF NOTARY PUBLIC)
T. .Bezak
*? MY COMMISSION# DD024939 EXPIRES
July 20, 2005
BONDED THRU TROY FAIN INSURANCE,INC. i
(NAME OF NOTARY,TYPED, PRINTED, OR,STAMPED) MAY
PERSONALLY KNOWN ✓ OR
PRODUCED IDENTIFICATION
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
IOTICE S HEREBY GIVEN that a public hearing will be held before the City Commission on May 14, 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:
VA-16-02 — Variance request by Amarilla Cure for property located at 209 NW 14t' Ct., Dania Beach, Florida,
to permit a single family home with the following variances from Chapter 28, Zoning, Article 26, Section 26.10
of the Dania Beach Zoning Code:
1. 43 foot wide lot (minimum 60 feet required.)
2. 3,655 square foot lot (minimum 6,000 square feet required.)
3. One parking space (minimum two parking spaces required.)
4. 45% lot building coverage (maximum 40% lot coverage allowed.)
5. 10 foot rear yard setback (minimum 15 foot rear yard setback required.)
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 Charlene Johnson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL
Onoy
04, and (954) 924-3622, at least 48 hours prior to meeting.
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: May 3, 2002
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