HomeMy WebLinkAboutR-2000-116 ® RESOLUTION NO. 2000-116
A RESOLUTION APROVING THE VARIANCE REQUEST SUBMITTED BY
TOM NAYLOR, FOR PROPERTY LOCATED AT 400 SOUTH FEDERAL
HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, Zoning, Article 5.36. (a)
Walls, Fences and Hedges. Sets the criteria for the height for walls, fences and/or hedges located
between the front building line and the street right-of-way line; and
WHEREAS, Tom Naylor has applied for a variance (VA-24-00) to allowing installation of a
(6) foot fence in the front yard of the property located at 400 South Federal Hwy., Dania Beach; and
WHEREAS, the Planning & Zoning Board on May 17, 2000, recommended that the City
Commission grant variance request VA-24-00 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-24-00, for a variance as described
above (from requirements in Chapters 28, Zoning Article 5.36(a) Walls, Fences and
Hedges), a copy of which is attached as Exhibit "A" is approved.
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repealed to the extent of such conflict.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 on second reading on the 25th day of July, 2000.
r
C.K. MCELYEA
RESOLUTION NO. 2000-116
® MAYOR - COMMISSIONER
ATTEST: ROLL CALL:
�j MAYOR McELYEA - YES
VICE-MAYOR BERTINO- NO
SHERYL CHAPMAN COMMISSIONER CALI - YES
ACTING CITY CLERK COMMISSIONER ETLING - YES
COMMISSIONER MIKES- YES
APPROVED AS TO FORM AND CORRECTNESS:
BY: 1 /�;A
THOMA'S J. ANSBRO
CITY ATTORNEY
RESOLUTION NO. 2000-116
® STAFF REPORT
GROWTH MANAGEMENT DEPARTMENT
TO: Michael Smith, City Manager
FROM: Laurence Leeds, AICP, Director
Growth Management
RE: Variance to Add Three Feet to an Existing Three Foot Fence (in the
Front Yard) Where Fence Height is Limited to 4 Feet
(Property Located At 400 South Federal Highway)
Date: July 25, 2000 City Commission Meeting
Applicant: Tom Naylor
Three months ago, the Growth Management Department received a request to renovate
the first floor of the Martin Frost House for retail use, and, to modify the surrounding
grounds for "small-scale aquaculture" (ie. outdoor lily pond pools). The Frost House is
located in a C-3 commercial zoning district.
The request included the rear of the property (Zoned RD-6000 Duplex), which contains
an existing garage/servant's quarters, a proposed greenhouse, and a parking area for
new retail use in the main house. Both the C-3 property in front and the RD-6000
property in back have an underlying Future Land Use Map designation of"Commercial".
Applicant appealed the following staff determinations on March 28, 2000 before the City
Commission:
1) The determination that the property must undergo site plan review.
2) The determination that the proposed retail use parking area is permitted in a RD-
6000 residential zoning district.
3) The maximum 4' fence height in the front and side yards (6' requested).
4) The maximum 60% impervious requirement (58% provided).
5) The minimum parking requirement.
Frostvariance.002,doc
® Staff recommended, and the City Commission agreed in this instance, due to the
historic nature of the site, that:
1) site plan review is not required,
2) the impervious requirements has been met,
3) the parking area is permitted in the RD-6000 portion of the lot, and
4) the minimum amount of parking spaces need not be provided.
The City Attorney indicated that the Commission could not waive the fence height, and
as such, the applicant submitted the fence variance request before you.
Applicant initially proposed adding a three foot"metal picket extension" in the front yard
and a three foot "chain link extension" in the side and rear yards. While six feet is
permitted in the side and rear yards, only 4 feet is permitted in the required front yard.
Applicant has revised his plans to show a new "six foot metal picket fence" directly
behind the three foot wall in the front yard, and, a new six foot "vinyl-coated chain link"
fence directly behind the three foot wall in the side and rear yards. In this manner, the
original wall remains untouched should the City acquire the property and wish to restore
the wall to its original condition.
STAFF RECOMMENDATION
Approval, subject to applicant clearly indicating the height and type of fence on a site
plan.
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NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
AlOTICE IS HEREBY GIVEN that a public hearing will be held before the Dania Beach City
Commission on July 25, 2000 at 7.30 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:
Rehearing of Petition VA-24-00: Variance request by Tom Naylor owner of property located at 400
South Federal Hwy., Dania Beach, Florida, aka "The Frost Property", from Chapter 28, Zoning, Article
5.36. (a) Walls, Fences and Hedges. Front yard. Walls, fences and/or hedges located between the
front building line and the street right-of-way line shall not exceed four (4) feet in height. Mr. Naylor
is requesting that he be allowed to install a (6) foot fence in the front yard of the property.
Legally described: Lots 1, 2, and 3, less the Easterly 8.00 feet thereof for roadway, and lots 25 and
26, block 2, "Dania Heights", according to the plat thereof, as recorded in plat book 3, page 22, of the
public 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
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