HomeMy WebLinkAboutR-2001-214 RESOLUTION NO. 2001-214
A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE
REQUEST SUBMITTED BY MICHAEL AND LORRAINE MORRISON, FROM
CHAPTER 28, ZONING APPENDIX, SECTION 33-40(13)(c),AND CHAPTER 28,
ARTICLE 5.17(b), FOR PROPERTY LOCATED AT 966 NAUTILUS ISLE, DANIA
BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, Zoning Appendix, Section
33-40(13)(c), sets the requirements for Docks and Mooring Structures within the City of Dania
Beach; and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, Article 5.17(b), sets the
setback requirements for the City of Dania Beach; and
WHEREAS, Michael and Lorraine Morrison have applied for a variance(VA-51-01)to allow:
(a) a boat-lifting device to extend 20 feet into an 80-foot wide canal (Applicant is
permitted to allow a boat-lifting device to extend no more than 8 feet into the
adjacent canal).
(b) an accessory building one foot from the side yard setback(Minimum seven foot
setback required).
for property located at 966 Nautilus Isle, Dania Beach; and
WHEREAS, the Planning &Zoning Board on October 17, 2001, recommended that the City
Commission grant variance request VA-51-01 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-51-01, for a variance as described above
(from requirements in Chapter 28 Zoning), a copy of which is attached as Exhibit "A" is
approved subject to a 3 year review of the boat lift to ensure proper maintenance and
confirmation that the boat lift use has not been abandoned and with fendering added on the
sides of the boat lift facing the canal.
.Section 2. That all resolutions or parts of resolutions in conflict with this resolution are
repealed to the extent of such conflict.
VA-51-01 Morrison 1 RESOLUTION NO. 2001-214
Section 3. That this resolution shall be in force and take effect immediately upon its passage
and adoption.
PASSED AND ADOPTED THIS 13T" DAY OF NOVEMBER, 2001.
MAYOR— COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO-YES
COMMISSIONER MIKES-YES
COMMISSIONER McELYEA-YES
VICE-MAYOR CHUNN-YES
CHARLENE JO� SON MAYOR FLURY-YES
CITY CLERK
APPROVED AS TO F RM AND CORRECTNESS:
•
B : �y
THOMAS J. ANSB
CITY ATTORNEY
VA-51-01 Morrison 2 RESOLUTION NO. 2001-214
CITY OF DANIA BEACH
GROWTH MANAGEMENT DEPARTMENT
STAFF REPORT
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director
Growth.Management Department
DATE: November 13, 2001
SUBJECT: VA-51-01 - Request by Michael and Lorraine Morrison for property
located at 966 Nautilus Isle, Dania Beach for the following variances:
(a) Variance to allow a boat-lifting device to extend 20 feet into an 80-
foot wide canal (Applicant is permitted to allow a boatlifting device
to extend 8 feet into the adjacent canal).
(b) Variance to allow an accessory building one foot from the side
yard setback (Minimum seven-foot setback required).
Boat-lift Variance: The applicant installed a metal boatlift without a building permit.
The boatlift extends 20 feet into an 80-foot wide canal. The zoning code allows
boatlifting devices to extend 10% of the canal width, or in this instance, eight (8) feet.
The lift is located in between a dock and dolphin piles. The dock is allowed to extend
eight (8) feet into the canal. The mooring piles are allowed to extend 24 feet into the
canal. Both the dock and mooring piles comply with zoning requirements.
While the zoning code allows boatlifts to extend no more than 10% of the width of the
canal, the code also provides a specific procedure for exceeding the 10% requirement.
"No extension of a boat-lifting device capable of being submerged shall
extend more than ten (10) percent of the width of the waterway unless a
variance is first granted for same by the city commission and a guidepole
is attached to the end of such device which extends over the waterway."
Applicant has requested a variance to maintain the boatlift in its current location,
extending 20 feet into the canal. In evaluating this variance request, the following shall
be noted.
1) There are at 2-3 existing boatlifts attached to docks in the Tarpon Waterway.
These boatlifts extend more than eight (8) feet into the canal.
2) Mooring and dolphin piles, an obstruction to navigation, are allowed to extend
24 feet into the canal, four feet more than the existing boatlift.
MORRISON'S DOCK VARIANCE 11-13-01.doc
3) The City Commission granted a similar boatlift variance in 1996 for 1421 NW gth
Street. The variance was granted (see attached) subject to review of the boatlift
condition in five years.
4) The following persons attended the P and Z Board meeting and expressed "no
objection" to the variance request: Lee Woolard at 1325 NW 10th Street,
Steve Rambin at 1329 NE 101h Street, and James Jiampetti at 1333 NW 10th
Street.
Shed Setback Variance: The applicant constructed an accessory shed one foot from
the side lot line (minimum seven feet required). The next-door neighbor, Barbara
Quillin, has submitted a letter of "no objection."
PLANNING AND ZONING ADVISORY BOARD BOAT-LIFT RECOMMENDATION
Approval.
PLANNING AND ZONING ADVISORY BOARD SHED RECOMMENDATION
Approval.
MORRISON'S DOCK VARIANCE 11-13-01.doc
F. KEITH JOLLS, P.E.
CONSULTING ENGINEERING
3200 PORT ROYALE DR. N. #712
FT. LAUDERDALE, FL 33308
City of Dania Beach Zoning Dept. September 6, 2001
100 W. Dania Beach Blvd.
Dania Beach, Fl. 33004
Re: Variance Request for Boatlift
Michael Morrison Property
966 Nautilus Isle
Gentlemen;
At the request of the property owner, I have performed a site inspection at the referenced address to
determine the appropriate location for a boatlift with a 12,000# capacity. Lifts of this size typically
are limited to a square, four piling design, however if the seawall and water depth are adequate, an
elevator type lift can be mounted over the seawall cap. Unfortunately at this property water depth is
insufficient to accommodate this configuration. Further, the old seawall is of unknown structural
stability. Hence, the only workable solution is to build a 4 piling lift out away from the seawall.
This coral rock wall is approximately 40 years old.
The 4 pole lift is placed 5' from the seawall which provides the necessary 4' water depth at M.L.W.
(At the seawall face the water is only 1.5 M.L.W.)
In view of the above, it is my recommendation that the request for the boatlift location be granted as
outlined in the variance request by Mr. Morrison.
AF. jeiruly yours,
h Jolls
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954-938-9760 Phone &Fax
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Barbara Quillin
970 Nautilus Isle
• Dania Beach, Florida 33304
September 6, 2001
City of Dania Beach
Zoning Division
100 West Dania Beach Blvd
Dania Beach, FL 33304
RE: PROPOSED VAIRANCE FOR SHED
To whom it may concern:
I am the property owner adjacent to 966 Nautilus Isle. A 6' wood fence separates our
properties.
The shed Mr. Morrison built against the fence does not bother me at all and I have no
objection to a variance approval for the shed to be there.
Sincerely,
Barbara Quillin
va/
A Cynthia Ann Wood
MYCOMMISSION# CC962953 EXPIRES
October 20,2004
BONDED TNRU TROY FAIN INSURANCE INC.
•
Date stamp
APPLICATION NUMBER:
CITY OF DANIA BEACH
VA _51 -0 100 WEST DANIA BEACH BLVD. 3 �
DANIA BEACH, FL 33004
(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:Michael and T orra i nP Mnrri -grin Phone923-2692
ADDRESS OF APPLICANT: 966 Nautilus Isle Fax:583-421 2
PROPERTY INTEREST OF APPLICANT: Owner
NAME AND ADDRESS OF PROPERTY OWNER: Michael and Lorraine Morri Gon
ADDRESS AND LEGAL& FOLIO OF SUBJECT PROPERTY: 966 Nautilus Isle
Dania Beach, FL Folio # 0233-18-03n0 T,ot- 31; Shelter Islands
PRESENT ZONING: Res LOT SIZE/AREA: 60x100
PRESENT/PROPOSED USE OF PROPERTY:
Residence
DESCRIPTION OF VARIANCE (S): (LIST THE ZONING CODE SECTION YOU WOULD LIKE THE
VARIANCE FROM AND WHAT IS PROPOSED —PLEASE CONTACT THE ZONING DEPARTMENT
FOR ASSISTANCE WITH/THE ZONING REGULATIONS AND ARTICLE NUMBERS):
Rpnt i an 31 40 ( 1 1) (,) CZQAJIfj& A,o�01.)j
T4 allow a boat lift that extands, mnrp thap in% of tho
e-3rial widt-h (_B ' total distance into ranal requested is; 20 ' _
s
LIST THE NAMES, ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY(I.E.
ARCHITECT,ATTORNEY):
Engineer of record F xeith Tolls, P_P _
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.
1' The canal does not have the water depth needed at the _
seawall t-ri allow a lift
2. The seawall annnt- -gtrtirrtnr�l l support a 12 , 000 pound
boatlift -
3. Boat dock exists along entire seawall.
4. Permits approved for existing pilings.
2) Provide evidence that the special conditions and circumstances do not result from the actions of the
applicant.
Gpp attached engineers letter
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.
Apparently this variance has been granter? t-n ( 9 ) people
in my canal alone with h 1 others i n a(9-ir)i nti ng r-anal
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.
The code allows for mooring ilitig" to hp- allowed to
extend 30% code 33 40 ( 1 2) (b) The 1 i ft
"� nsi dt=�" of thi dPsi gnatp(l mnnri n7 area shnii1 d not he in
question.
5) Describe how the requested variance is the minimum variance that will make possible the reasonable
use of the land, building or structure.
mhp water dp=th rprinri pr7 4 ' MLW is achieved at this exact
ipoint.
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.
Since mooring pilinas that exist and are allowed are
1 e . n place then the 1 - ft is n ine that appratps
7) Please add any other comments which may assist the City Commission and the Planning and Zoning
Board in reviewing this request.
There are ( 10 ) 1 ; f}- in my neirrhhnrhnnr7 _
well?
- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
This is to certify that I am the owner of the subject land(s) described above in the petition for variance.
(Complete only if applicable) I have also authorized heAnigned petitioner
to make and file this applicati rian TURE OF PROPER
STATE OF FLORIDA Print Name: __-__ C K=4- ��=/L! 5 `v
COUNTY OF BROWARD
The forgoing instrument was ackngwledged before lTie on_� — y tiY--
_ _ as[title] �� �?-��C�-�.^^=__—_—for[name of entity]_
a Florida Corporation,who is----pers Ily known t e,or produced _
as identification.
My Commission Expires: NOTARY PUBLIC
Cynthia Ann Wood
MY COMMISSION# CC962953 EXPIRES
'a October 20,2004
ofQP BONDED THRU TROY FAIN INSURANCE,INC
. .. .. .._...... ..
Date stamp
APPLICATION NUMBER:
CITY OF DANIA BEACH
-0 100 WEST DANIA BEACH BLVD. ' J
DANIA BEACH, FL 33004
(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: Michael and Lorraine Morrison Phone: 92-1-2692
ADDRESS OF APPLICANT: 966 Naut i 1 u s T a l c Fax: c R 3—4 21
PROPERTY INTEREST OF APPLICANT: Owner
NAME AND ADDRESS OF PROPERTY OWNER: Michael and Lorraine Morrison
ADDRESS AND LEGAL& FOLIO OF SUBJECT PROPERTY: 966 Nautilus Isle
Dania Rearh r FT Folio# 0211 1 $ nic;n I, el ter I-1 and-
PRESENT ZONING: Res LOT SIZEIAREA: 60x1 00
PRESENT/ PROPOSED USE OF PROPERTY:
DESCRIPTION OF VARIANCE (S): (LIST THE ZONING CODE SECTION YOU WOULD LIKE THE
VARIANCE FROM AND WHAT IS PROPOSED —PLEASE CONTACT THE ZONING DEPARTMENT
FOR ASSISTANCE WITH THE ZONING REGULATIONS AND ARTICLE NUMBERS):
7nninq Artie-le S 17 (h) side yard set bark minimum 7ft _
di stance. Reduce requi-rment_sto 1 -ft. et back on the side
LIST THE NAMES, ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY(I.E.
ARCHITECT,ATTORNEY):
Engineer of recn - F Keith Jolly P E
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.
'Due to the size and Shane of the lot we do not haue adeQuatP
space to meet the set back n„r house does not have a
® garage and the shed is a necessity for additional storage
2) Provide evidence that the special conditions and circumstances do not result from the actions of the
applicant.
_ Review the attached site plan showing how much land is
nonusable for a shed with 7 ' set back.
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.
The shed is a nonpermanet structure on the side yard
against a 6 ' fence and does not affect anyone.
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.
The side yard on this lot is 7 1 /2 total not allowing
any sheds on the side
5) Describe how the requested variance is the minimum variance that will make possible the reasonable
use of the land, building or structure.
Th no other resonahle place to install the shed.
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.
The shed is a custom built wood Stricture with stucco
finish and shingle toof. It matches the residence exactly
in style and color.
7) Please add any other comments which may assist the City Commission and the Planning and Zoning
Board in reviewing this request.
PleaSP review the attached letter from the side yard
n_e_l ghbor that G a es "no ohj Pct i ons"
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
This is to certify that I am the owner of the subject land(s) described above in the p . ion for variance.
(Complete only if applicable) I have also authorized a under Igned petitioner
to make and file this appli on f v n
_
SI NATURE OF PROPERTY OWNER
STATE OF FLORIDA Print Name: 1 LG 1cL'_g _�_ teLs0
COUNTY OF BROWARD
The forgoing instrument was ac wledged before me on y 2001 by
as(title) - __ Y for[name of entity)
a Florida Corporation,who is____personally kno t me,or produced
as identification.
�7
• My Commission Expires: NOTARY PUBLIC
Cynthia Ann Wood
MY COMMISSION# CC962953 EXPIRES
October 20,2004
^. la
,'kP„�ftd'r BONDEDTHRU TROY FAIN INSURANCE ING
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
November 13, 2001 at 7:00 p.m., or as soon thereafter as possible, in the Conference Room in the City of
Dania Beach 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-51-01 - Request by Michael and Lorraine Morrison for property located at 966 Nautilus Isle, Dania Beach
for the following variances:
1. Variance to allow a boat-lifting device to extend 20 feet into an 80-foot wide canal (Applicant is
permitted to allow a boat-lifting device to extend no more than 8 feet into the adjacent canal).
2. Variance to allow an accessory building one foot from the side yard setback (Minimum seven
foot setback required).
Legally described: Lot 35 of Shelter Islands, according to the plat thereof, as recorded in plat book 43, page 6
of the public records of 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 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
Mailed/ Published: November 2, 2001
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AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO. `
1. DATE OF COMMISSION MEETING: NOVEMBER 13, 2001
2. DESCRIPTION OF AGENDA ITEM: VARIANCE REQUESTS VA-51-01 -BY MICHAEL$
LORRAINE MORRISON PROPERTY LOCATED AT 966 NAUTILUS ISLE
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
(a) Variance to allow a boatlifting device to extend 20 feet into an 80-foot wide canal
(Applicant is permitted to allow a boatlifting device to extend 8 feet into the
adjacent canal).
(b) Variance. to allow an accessory building one foot from the side yard setback
(Minimum seven-foot setback required).
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Memorandum
Letter from F. Keith Jolls, P.E.
• Survey and Boatlift Specifications
Letter of No Objection Barbara Quillen
Minutes from October 8, 1996
Resolution
Variance Applications
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 approval of this request at their October
17, 2001 regular meeting.
Submitted by:
Laurence G. Leeds,AICP, Director Date November 5, 2001
Growth Management Department
City Manager Date