HomeMy WebLinkAboutR-2001-058 RESOLUTION NO. 2001-058
A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE
REQUEST SUBMITTED BY CHARLES CAMACHO, FROM CHAPTER 28,
ZONING ARTICLE 4, SCHEDULE OF LOT, YARD AND BULK REGULATIONS,
FOR PROPERTY LOCATED AT 121 NE 3RD STREET, DANIA BEACH;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, Zoning,Article 4, Schedule
of Lot, Yard and Bulk Regulations, sets the minimum yard, lot and bulk regulations for the City of
Dania Beach; and
WHEREAS, Charles Camacho has applied for a variance (VA-15-01) to allow twin air
conditioning units to be setback two feet from the rear (south) lot line (five foot setback required),
for property located at 121 NE 3`d Street, Dania Beach; and
WHEREAS, the Planning &Zoning Advisory Board on March 21, 2001, recommended that
the City Commission deny variance request VA-15-01 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-15-01, for a variance as described above (from
requirements in Chapter 28, Zoning, Article 4, Schedule of Lot, Yard and Bulk Regulations), a copy
of which is attached as Exhibit "A" is approved with Plan " B" dated April 3, 2001 as presented by
CharlesCamacho.
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repealed to the extent of such conflict.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 10T" DAY OF APRIL, 2001.
MAYO�CMMISSIONER
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R-VA-15-01 CAMACHO VARIANCE.doc 1 RESOLUTION NO. 2001-058
ATTE T
ROLL CALL:
Sl�ERYL CHAPMAN COMMISSIONER BERTINO-ABSENT
ACTING CITY CLERK COMMISSIONER MIKES-YES
COMMISSIONER McELYEA-YES
VICE-MAYOR CHUNK-YES
MAYOR FLURY-YES
APPROVED AS TO FO M AND CORRECTNESS:
By: I ` -
THO AS J. ANSBRO
CITY ATTORNEY
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R-VA-15-01 CAMACHO VARIANCE.doc 2 RESOLUTION NO. 2001-058
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CONTACT.CHUCK CAMACHO(954)35 40W
APPLICATION NUMBER: a
CITY OF DANIA BEACH
Vft _ IJ _ 100 WEST DANIA BEACH BLVD.
DANIA BEACH, FL 33004 � 6 001 I
(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: C k CAA ja C_ �o Phone:9SH
ADDRESS OF APPLICANT:
PROPERTY INTEREST OF A LI NT:
NAME AND ADDRESS OF PROPERTY OWNER:
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY:
PRESENT ZONING: LOT SIZE/AREA:
PRESENT/ PROPOSED USE OF PROPERTY:
DESCRIPTION OF VARIANCE (S): (LIST THE CODE SECTION YOU WOULD LIKE THE VARIANCE
FROM AND WHAT IS PROPOSED):
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 zonin g district.
cir—
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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.
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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
reasonab e u of the land, building or structur
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• 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.,iC t S i+r �� ��a o i+►v N kA4V--* Ljl--e +;d22 It G,L.e ; J AS vac�,.s�� �•cu-v S
'fie Cac,avz.�p„ �o olio_j L-n,+:) Scp.-oc rta-> AX fe-4 �Jerc,t-1Q,- s
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - --
This is to certify that I am the owner of the subject land(s) d bove in the petition for variance.
(Complete only. if applicable) I have also a h t and rsigned petitioner
to make and file this applicatio f e.
SIGNA /F APPLICANT /� r
STATE OF FLORIDA � 7�A C l.
COUNTY OF BROWARD l�
The forgoing instrument was acknowledged before me on 2001 by
, as[title] for[name of entity]
a Florida Corporation,who is_personally known to me,or produced
as identification.
My Commission Expires: NOTARY PUBLIC
5
FOR USE WHEN APPLICANT IS NOT OWNER OF SUBJECT PROPER,�ITHIS IS TO CERTIFY THAT I AM
THE OWNER OF THE SUBJECT LANDS DESCRIBED ABOVE INTHI fTION FOR SIGN ADJUSTMENT
AND THAT I HAVE AUTHORIZED TO MAKE AND FILE THE
AFORESAID APPLICATION FOR A SIGN ADJUSTMENT. \
SIGNATU E O ER
STATE OF FLORIDA Cc" C'T""c
COUNTY OF BROWARD
The forgoing instrument was acknowledged before me on 2001 by
, as[title] for(name of entity]
a Florida Corporation,who is_personally known to me,or produced
as identification.
My Commission Expires:
NOTARY PUBLIC
Check list for Planning Dept.: Plan Fee Survey
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NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on April 10, 2001 at
S7:30 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:
A) VA-15-01 — Variance request by Charles Camacho for duplex property located at 121 NE 3`d Street, also
known as Lot 12, 13 Blk 2 of the Poinciana Park Subdivision. Mr. Camacho is requesting a variance from Chapter
28, Zoning Article 4, Schedule of Lot, Yard and Bulk requirements, to allow twin air conditioning units to be
setback two-feet from the rear (south) lot line (five foot setback required).
Legally described: Lots 12, 13 Blk 2 of the Poinciana Park Subdivision, according to the plat thereof Plat Book 5,
Page 17, Broward County Florida.
Copies of the proposed petitions 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 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
Wroceedings 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: Friday, March 30, 2001
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CONTACT.CHUCK CAMAGIC(964)31t2-o000
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO. '
1. DATE OF COMMISSION MEETING: 04/10/01
2. DESCRIPTION OF AGENDA ITEM: VA-15-01 -VARIANCE REQUEST BY CHARLES
CAMACHO, FOR PROPERTY LOCATED AT 121 NE 3RD STREET, DANIA BEACH.
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION OR ORDINANCE
4. SUMMARY EXPLANATION & BACKGROUND:
Mr. Camacho is requesting a variance from Chapter 28, Zoning Article 4, Schedule of Lot,
Yard and Bulk requirements, to allow twin air conditioning units to be setback two feet from
the rear (south) lot line (five foot setback required).
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 recommended denial of this request (3-1) at their March
21, 2001 regular meeting.
Submitted by:
Laurence G. Leeds,AICP, Director Date April 5, 2001
Growth Management Department
City Manager Date
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CITY OF DANIA BEACH
® GROWTH MANAGEMENT DEPARTMENT
STAFF REPORT
TO: Jason Nunemaker, City Manager
(:f 7
FROM: Laurence Leeds, AICP, Director
Growth Management Department
DATE: April 10, 2001
SUBJECT: 121 NE 3`d Street (RD-6000 Duplex): Variance to allow four a/c units to be
setback two feet from the interior side lot line {Minimum five feet required}
Construction plans were submitted for the above referenced property in 1996. The original
architect's site plan showed the a/c units placed directly adjacent to the duplex in the
interior side yard. The electrical plan (prepared by the electrical engineer) showed these
same units adiacent to the interior side lot line.
It appears the electrical engineer located the a/c units next to the side lot line to maintain
required distance separation from an electrical box on the building. The a/c unit location
® discrepancy between the site plan and electrical plan suggests the architect and electrical
engineer did not communicate on this issue. It is the responsibility of the project architect
to assure internal consistency within a set of plans.
A building permit was issued and construction commenced in 1997. The original builder
stopped construction, and the duplex was left unfinished until the present owner, Charles
Camacho, recommenced construction in 2000. Staff issued a temporary C of 0 due to
non-compliance with the required zoning setback for the a/c units. A final C of 0 cannot be
issued unless a variance is granted, or, the a/c units are setback five feet as required by
the Zoning Code.
Mr. Camacho subsequently applied for a variance to relocate the a/c units two feet from
the side lot line (five feet required). The P and Z Advisory Board recommended 3-1 to
deny this variance.
PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION
As indicated above, the P and Z Advisory Board recommended 3-1 to deny the above
referenced variance request.
After the P and Z Advisory Board meeting, Mr. Camacho submitted the two revised
"alternative plans", included in your backup.
CAMACNO CITY COMMISSION VARIANCE W1001.DOC
Alternative "A" shows the large a/c units set back three feet from the interior side lot line
(five feet required) while the small a/c units are set back five feet (no variance required).
The existing four-foot fence will be replaced with a six-foot fence.
Alternative "B" shows the large a/c units relocated respectively to the front yard (abutting
NE 2"d Avenue) and the rear yard (abutting the west lot line). The front yard a/c unit is set
approximately 21 feet from NE 2"d Avenue (23 foot required). The rear yard unit is setback
approximately 17 feet from the west lot line (no variance required).
Alternative "B" also shows a five-foot interior side yard setback for the small a/c units (no
variance required). The existing four-foot fence will be replaced with a six-foot fence.
Both alternatives are an improvement over the original variance request.
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CAMACNO CRV COMMISSION VARIANCE(MIWI MOC