HomeMy WebLinkAboutR-2001-037 RESOLUTION NO. 2001-037
A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE
REQUEST SUBMITTED BY KEVIN & TRACY LETIZE, FROM CHAPTER 28
ZONING, SCHEDULE OF LOT, YARD, AND BULK REQUIREMENTS, FOR
PROPERTY LOCATED AT 219 SE 8TH STREET, DANIA BEACH; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, Zoning, Schedule of Lot,
Yard, and Bulk Requirements, sets the set-back requirements in a Residential Zoning District for
the City of Dania Beach; and
WHEREAS, Kevin & Tracy Letize have applied for a variance (VA-02-01) to allow for a
reduction of the rear setback requirement from 15 feet to approximately 2 feet, for an existing
screened porch enclosure and fence for property located at 219 SE 8th Street, Dania Beach; and
WHEREAS, the Planning & Zoning Advisory Board on February 21, 2001, recommended
that the City Commission grant variance request VA-02-01 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-02-01, for a variance as described above (from
requirements in Chapter 28, Zoning, Schedule of Lot, Yard and Bulk Requirements), a copy of
which is attached as Exhibit "A" is approved with the following conditions:
(1) Installation of hedge or some appropriate plant material, and
(2) Installation of sound reducing materials affixed to the screened enclosure.
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repealed to the extent of such conflict.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.
r-va-02-01 Letize Variance.doc 1 RESOLUTION NO.2001-037
PASSED AND ADOPTED THIS 27" DAY OF March 2001.
•
MAYOR- COMMISSIONER
ROLL CALL:
ATTEST: COMMISSIONER BERTINO-YES
COMMISSIONER MCELYEA-YES
• -Z /i COMMISSIONER BERTINO-YES
SHERYL CHAPMA VICE-MAYOR CHUNN-YES
ACTING CITY CLERK MAYOR FLURY - YES
APPROVED AS TO FORM ND CORRECTNESS:
Y
THOMAS . A SbRO
CITY ATTORNEY
r-va-02-01 Letize Variance.doc 2 RESOLUTION NO.2001-037
Date stamp
APPLICATION NUMBER: CITY OF DANIA BEACH
100 WEST DANIA BEACH BLVD.
I 1 DANIA BEACH, FL 33004 lJ
(954) 921-8700 X262 _
1 '
APPLICAT
ION FOR VARIANCE �� C�
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: Kevin & Tracy Letize Phone: 9Z¢ 4-0
ADDRESS OF APPLICANV 9 SE 8th Street Fax:
PROPERTY INTEREST OF APPLICANT: Own r
NAME AND ADDRESS OF PROPERTY OWNER: 219 SE 8th Street
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: Lot 15, Block 3
CENTRAL DANIA HEIGHTS, PB 100, page 26, Broward County
PRESENT ZONING: Residential LOT SIZEIAREA:
Residential
PRESENT/ PROPOSED USE OF PROPERTY:
DESCRIPTION OF VARIANCE(S): (LIST THE CODE SECTION YOU WOULD LIKE THE VARIANCE
. FROM AND WHAT IS PROPOSED):
There is a screened porch and fence wit-bin the 15 f6et
setback requirement that is 5 1 /2 to 6 feet therein
Petitioner asks the city to waive the -sethack requirement
anct a ow t e existing screened porch and fence to remain
LIST THE NAMES. ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY (I.E.
ARCHITECT. ATTORNEY):
Harry Hipler Esquire, PO Box 216 Dania FL- 33004
354-52b-8228
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.
See attached.
: 4
Proviae evidence that the soeaai ccnaitions ana c,rcL:.-istances cc not result from the actions of
;he applicant.
See attached
Describe how granting the reauested variance(s) will not confer any special privilege on the
applicant that is denied by the zoning cooe to other lands. buildings or structures in this same
zoning district.
See attached
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.
See attached
) Describe how the requested variance is the minimum variance that will make possible the
reasonable use of the land, building or structure.
See attached
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.
See attached
Please add any other comments wnicn may assist the City Commission ana the Planning and
Zoning Board in reviewing this request.
See attached
- - — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
This is to certify that I am a own f the subject land(s) described above in the petition for vanance.
!Complete only if applicable) I have also authorized undersianed petitioner
to make and file this applic I ce
N O:FA PP
STATE OF FLORIDA
COUNTY OF BROWARD
I t�Z l��V)y� a4� L�
The forgoing instrument was acknowledg d before me on 1 —L898-by
as(title) \N for(name of entity]
a Florida Corporation,who is ersonally k n ta-m or ro uced
as identification.
My Commission Expires: HARRY M.HIPLER NO PUBLIC
MY COMMISSION i CC 851
EXPIRES:November 1,2003
Rr Bonded Thru NoW y Pulft Undvw w�
FOR USEEN APPLICANT IS NOT OWNER OF SUBJECT PROPERTY: -HIS IS TO CERTIFY THAT I AM
THE R2DE THE SUBJECT LANDS DESCRIBED ABOVE !N THE ,APPLICATION FOR SiGN ADJUSTMENT
=,ND ! HAVE AUTHORIZED -0 MAKE =ND =iLE THE
-�.FORESAID APPLICATION FOR A SIGN ADJUSTMENT.
SIGNATURE CF OWNER
STATE OF FLORIDA
COUNTY OF BROWARD
-he forgoing instrument was acxnowiedged before me on 1999 by
as(title] `or(name of entity]
a Florida Corporation, wno is_personally known to me, or produced
as identification.
My Commission Expires:
NOTARY PUBLIC
Check list for Planning Dept.: Plan Fee Survey
6
Letize Var. Req. 1
1, 2, 3, 4, 5, 6, 7
The application requests that the city waive its setback requirement of 15 feet between properties
for an existing porch (slab, foundation, screened porch) and fence on the subject real property.
The porch and fence go onto the setback by about 5 '/Z feet to 6 feet and are necessary for the
owners to enjoy the reasonable use of the subject real property. This appears to be the minimum
setback necessary for the subject property so that the owners may enjoy the subject property and
so that the whole neighborhood benefits from the extension of the residence with a porch and
fence here. If granted, allowing the Petitioner to have the subject property with porch and fence
would not confer any special privilege on the applicant that is denied by the zoning code to other
lands in as much as the porch and fence are all consistent with present residential zoning district
for family homes as here. An easement has already been granted to the city and all utility
companies for an easement on the subject property on or about December 13, 2000 if it is
necessary for the city and utilities to go onto the subject area pursuant to the request by the city.
The existing work was completed more than about one year ago. Other homes in the area have
also extended their living quarters, which have improved the whole neighborhood's quality and
family atmosphere. If the variance is granted, it will provide reasonable use of the subject
property thereon. The subject request and property are in harmony with adjacent property
owners. It is in harmony with the zoning area of the subject property as well as adjacent property
owners in this zoning district. If granted, it will not injure the area involved nor will it be
detrimental to the public welfare. The improvement cost was an estimated $50,000.00 that
improved the residence that was purchased by the owners in December, 1998, and has given the
owners reasonable use of the subject property. It has also enhanced the neighborhood. By
allowing the variance request, the neighborhood will and has benefitted from the building of the
extension of the home in the residential zoning district.
There is no need to insist on a 15 foot setback requirement here. The subject porch and fence do
not intrude on any other property. There is more than ample space to get in and out of the subject
property and all adjacent properties if the variance is granted. There are no safety concerns here if
a variance is granted to Petitioner.
PETER BLANDINO SR.
1600 South State Rosa7.Suite BOUNDARY SURVEY oo-3217
`tmtw.Flonaa :"A J 41 oR1�!
LEX;AL CESCR=CN: Lot 15, clock 3, =7TRAL DANIA HEIGHTS, according she =tat whereof, as
recorded in Plat cook 100, ?aae 26, of the Public Records of Broward Ceuntv, -'_orida.
AEEPESS• 419 S.L. 8th Street
• Dania Beach, Florida 33004
CERTIF= TO:
1. Kevin Letize and Tracy Swann
2. Rvan & Rvan, ?.A. _
3. Attorneys' -itle Insurance Fund, Inc.
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THIS SUKVEY IS FOR'ITLLE � -AND MMTGAGE RMWES ONLY.
Underground locations and/or underground
encroachments,if any,are not shown unless otherwise Not valid without the signature and the original raised
indicated, seal of a Florida Licensed Surveyor and Mapper.
This survey was not abstracted for easements and/or
right-of-way of record. Dated this y day of /e v L M,e E iL 2000 A.D.
Elevations are relative to National Geodetic vertical
Datum of 1929.
Benchmark: Tiioio s�[ire sr Ei avps• /3=Lsi t PFTER Bi., NDINO B
Bearings Based On:-- Surveyor and Mapper No.LS 3487
Drawn a e B.s. Checked B a,s Scale IV"—=-zo State of Florida
EASEMENT AGREE�NT
TO: THE CITY OF DANIA BEACH FLORIDA AND ALL UTILITY COMPANIES
WITH RIGHTS TO UTILITY EASEMENTS IN THE PROPERTY LOCATED
AT 219 SE 8TH STREET DANIA BEACH FLORIDA
GENTLEMEN:
We, KEVIN LETIZE and TRACY SWANN LETIZE, husband and wife,
have applied for a building permit to erect a screened porch in the
utility easement on our property at 219 SE 8th Street, Dania Beach,
Florida, 33004 : Lot 15, Block 3, CENTRAL DANIA HEIGHTS, Plat Book
100, Page 26, Broward County Records, in the City of Dania Beach,
Florida.
A brief description of the location and type of construction
of the proposed structure is:
The slab of the screened porch at the rear (north)
property line of the subject property extends onto the
ten (10) foot utility easement located on said property
line.
We understand that your company is not responsible for repairs
to, or replacement of, any portion of the structure, and that any
removal or replacement of the structure necessary for use of the
easement will be done at our expense. We further understand that
We will assume full responsibility for any damage incurred to the
utility facilities during construction.
This is to certify that we are the owners o the subject
property and we agree to the proposed con n described.
N ET
TRACY SW ON L E
219 SE 8th Street
Dania Beach, Florida 33004
(954) 924-8484
NAME OF UTILITY CO.
REPRESENTATIVE:
Print Name/Title
Signature/Date
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
March 27, 2001 at 7:30 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 requests:
VA-02-01 - Variance request by Kevin & Tracy Letize for property located at 219 SE 8" Street. Request is
from Chapter 28, Zoning, Schedule of Lot, Yard, and Bulk Requirements. Mr. & Mrs. Letize are requesting a
reduction of the rear setback requirement from 15 feet to approximately 2 feet, for an existing screened porch
enclosure and fence.
Legally described: Lot 15, Block 3, Central Dania Heights, according to the plat thereof, as recorded in Plat
Book 100, Page 26 of the Pubic Records of Broward County, Florida.
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
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 Sheryl Chapman, Administrative Services Director, 100 W. Dania Beach
Blvd, Dania Beach, FL 33004, (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.
Lou Ann Cunningham
Planning Technician -
Published: March 16, 2001
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AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO. °
1. DATE OF COMMISSION MEETING: 03/27/01
2. DESCRIPTION OF AGENDA ITEM: VA-02-01 -VARIANCE REQUEST BY KEVIN &TRACY
LETIZE FOR PROPERTY LOCATED AT 219 SE 8TH STREET.
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
REQUEST IS FROM CHAPTER 28, ZONING, SCHEDULE OF LOT, YARD, AND BULK
REQUIREMENTS. MR. & MRS. LETIZE ARE REQUESTING A REDUCTION OF THE REAR
SETBACK REQUIREMENT FROM 15 FEET TO APPROXIMATELY 2 FEET, FOR AN EXISTING
SCREENED PORCH ENCLOSURE AND FENCE.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Resolution
Variance Application
® Public Hearing Notice / Location Map
Mailing List
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Planning and Zoning Advisory Board approved this request at their February 21, 2001 regular
meeting.
Submitted by:
Laurence G. Leeds,AICP, Director Date March 16, 2001
Growth Management Department
City Manager Date
CITY OF DANIA BEACH
GROWTH MANAGEMENT DEPARTMENT
STAFF REPORT
TO: Planning and Zoning Advisory Board
G. G
FROM: Laurence Leeds, AICP, Director
Growth Management Department
DATE: February 13, 2001
SUBJECT: 219 S.E. 8" Street (RS-6000 Single Family Zoning): Variance to allow a
screen enclosure within two feet of the rear lot line (15 setback required),
said rear lot line located adjacent to an existing alley.
The applicant constructed a rear yard screen enclosure (attached to a single family
house) without a building permit. Based on the submitted survey, the screen enclosure
is setback approximately three feet from the rear lot line. Because the screen
enclosure is attached to the house, it is required to meet the rear yard house setback of
15 feet. The applicant has applied for a variance to keep the screen enclosure at its
present location.
® The enclosure is also located above a utility easement. As such, approval of the
easement is subject to a release (or waiver) from those utilities allowed to use the
easement (i.e. City Water/Sewer, Comcast Cable, People's Gas, FPL, and Southern
Bell).
There are presently at least two or three homes in this same alley with structures
located less than 15 feet from the rear lot line.
PLANNING AND ZONING BOARD RECOMMENDATION
Approval.
LETIZE SCREEN ENC VARIANCE.DOC