HomeMy WebLinkAboutR-2000-200 RESOLUTION NO. 2000-200
A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY
ROBERT RUCERITO, FROM ARTICLE II OF THE ZONING APPENDIX -
ACCESSORY AND DETACHED BUILDINGS AND STRUCTURES; SECTION 33-
40 - REGULATION AND USE OF WATERWAYS AND FACILITIES, FOR
PROPERTY LOCATED AT 910 NAUTILUS ISLE, DANIA BEACH; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Article II of the Zoning Appendix, sets
the Regulations and Use of Waterway criteria for the City of Dania Beach; and
WHEREAS, Robert Rucerito has applied for a variance (VA-48-00) to allow for the
construction of a boat lift and dock a total of 11 feet 6 inches where the code allows for only 7 feet 9
inches on a canal 79 feet wide for property located at 910 Nautilus Isle, Dania Beach; and
WHEREAS, the Planning &Zoning Board on November 15, 2000, recommended that the
City Commission grant variance request VA-48-00 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-48-00, for a variance as described above (from
requirements in Article II of the City of Dania Beach Zoning Appendix), 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repealed to the extent of such conflict.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 THIS 12T" DAY OF DECEMBER, 2000.
AYOR—COMMISS ER
R-VA-48-00 Rucerito Variance.doc 1 RESOLUTION NO. 2000-200
ATTEST: ROLL CALL:
• MAYOR MCELYEA- YES
VICE-MAYOR BERTINO-YES
C COMMISSIONER CALI-YES
SHERYL PMAN COMMISSIONER ETLING-YES
V ACTING CITY CLERK COMMISSIONER MIKES-YES
APPROVED AS TO FORM AND CORRECTNESS:
By: i /��!, N
THOMP�S J.)ANSBRO
CITY ATTORNEY
R-VA-48-00 Rucerito Variance.doc 2 RESOLUTION NO. 2000-200
At-PLICAI ON NUMBER: CITY OF DANIA BEACH D
100 WEST DANIA BEACH BLVD.
g DANIA BEACH, FL 33004
(954) 921-8700 X262
® 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: r1b e Imo-}- ��L !�14 Phone:g3 I LjQ�;�
ADDRESS OF APPLICANT: t� Q V �;US ��(�-- Fax:
PROPERTY INTEREST OF APPLICANT:
NAME AND ADDRESS OF PROPERTY OWNER.-
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY:
PRESENT ZONING: �" S • LOT SIZEIARE(A::
PRESENT/ PROPOSED USE OF PROPERTY:
DESCRIPTION OF VARIANCE (S): (LIST THE CODE SECTION YOU WOULD LIKE THE VARIANCE
FROM AND WHAT IS PROPOSED): t�
ADT)C'1 1L Ac(esSr ram; r, nc D(?-fa ht-cp ); Ir1 -r-rr tI')CO
S. ,� e f�Pc C hc�n I
JkiCL e(t�;� CA "Ir1 :z.CI e �0
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 zoning distr
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'3) Provide evidence that the soeciai conditions and circumstances do not result from the actions of
:he 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.
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 hardsh�on t applicant. i _ 1
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5) Describe how the requested variance is the minimum variance that will make possible the
reasonable use of the land, building s�tructure.
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.
C- r C£a GA A-L ,e— S G .
-'; Please add any other comments which may assist the City Commission and the Planning and
Zining Board in reviewing�, Urn `�e�viewing this rer�4est_ \
� -C) T"
uki h
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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 the undersigned petitioner
to make and file this applicatio for var2/- -
R PLICANT
STATE OF FLORIDA
COUNTY OF BROWARD �1
The forgoing instrument was acknowledged before me on w ,�y u c-e r
, as(title] O cy ryes for[na a of entity]
a Florida Corporation, who is_4Gpersonally kno a duc d
as identification. °� a M. ad
My Commission Expires INC
FOR USE WHEN APPLICANT IS NOT OWNER OF SUBJECT PROPERTY: THIS IS TO CERTIFY THAT I AM
THE OWNER OF THE SUBJECT LANDS DESCRIBED ABOVE IN THE APPLICATION FOR SIGN ADJUSTMENT
AND THAT I HAVE AUTHORIZED TO MAKE AND FILE THE
. AFORESAID APPLICATION FOR A SIGN ADJUSTMENT.
IG ATU O WNE,
STATE OF FLORIDA /
COUNTY OF BROWARD
The forgoing instrument was acknowledged before me on 19 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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LAND SURVEYORS 923-6588
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DESCRIPTION: Lot 21, "SHELTER ISLANDS" , as recorded ' Plat
look 43, page 6, of the public records of Broward County, 7lorid .
'here are no visible septic taAkSm, SCALE
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TO ALL. RARTIES INTERESTED IN TITLE TO PREMISES SURVEYED:
1.MAURICE I_. BERRY a. hereby certify that L how made a recent =A-,-F y of
the above described property ® indicated, and that there omm no above ground enmc0eh-
rrom" except as shown. I further certify that the survey represents"Ala meets the minum n
technical standards of the Florida Board at Land Surveyors trio bait tlon 472.027,
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Rlorldo Statutes to the best of my knowledge and beast �•v ��j^
Doted at Hollywood.Broward County.Florida.thb
NOTE:Mova"ans shown ate based on Natlorwl +"' fl ✓''.r..
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A
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
0OTICE IS HEREBY GIVEN that a public hearing will be held before the Dania Beach City Commission on
cember 12, 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:
VA-48-00 — Variance request by Robert Rucerito, for property located at 910 Nautilus Isle, Dania Beach,
Florida. The petitioner is requesting a variance from Article II of the City of Dania Beach Zoning Appendix -
Accessory and Detached Buildings and Structures; Section 33-40 - Regulation and Use of waterways and
facilities relating thereto (13)(c) Docks and Mooring Structures which states that "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 guide pole is attached to the end of
such device which extends over the waterway." Mr. Rucerito would like to construct a boat lift and dock a
total of 11 feet 6 inches where the code allows for only 7 feet 9 inches on a canal 79 feet wide.
The property is legally described: Lot 21, "Shelter Islands", as recorded in Plat book 43, page 6, 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.
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
0d, Dania Beach, FL 33004, and (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
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: December 1, 2000
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AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.1012
1. DATE OF COMMISSION MEETING: DECEMBER 12, 2000
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING -VA-48-00-VARIANCE
REQUEST BY ROBERT RUCERITO - 910 NAUTILUS ISLE
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
Request for a variance to allow a boatlift and dock that extends a total of 11'6"
from the seawall (50% greater than permitted by code).
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
STAFF MEMORANDUM
MEMORANDUM FROM THE MARINE ADVISORY BOARD
RESOLUTION
APPLICATION
BOATLIFT/ DOCK PLANS
SURVEY
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 November 15,
2000 regular meeting; This item was also reviewed and approved by the Marine
Advisory Board at their October 11, 2000 regular meeting.
Submitted by:
Laurence G. Leeds,AICP, Director Date 12/04/2000
Growth Management Department
City Manager Date
GROWTH MANAGEMENT DEPARTMENT
STAFF MEMORANDUM
TO: Michael Smith, City Manager
C. C
FROM: Laurence Leeds, Director, AICP
Growth Management Department
RE: VA-48-00: Variance Request by Robert Rucerito 910 Nautilus Isle
DATE: December 12, 2000
The subject property is located at the end of the cul-de-sac at 910 Nautilus Isle adjacent
to Tarpon Waterway. Tarpon Waterway at this location is 79 feet wide. Section 33-40
of the Code permits boatlifts to extend no more that 10 percent of the width of the
waterway, or 7' 11" in this case.
The applicant is requesting a variance to allow a boatlift and dock that extends a total of
11' 6" from the seawall (approximately 50% greater than permitted by code).
STAFF RECOMMENDATION
Defer to Marine Advisory Board.
MARINE ADVISORY BOARD RECOMMENDATION
The Marine Advisory Board recommended approval of the variance on October 11,
2000.
PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION
Approval.
Rucerito variance.doc
Oct- 16-00 11 : 12A Seaward Services , Inc . P .02
.AFDY7CF34303nY
mem %j
�®
City®�Dania���ac�
Fore Chairman, Marine Advisory Board
TO: Chairman, Planning and Zoning Board
Via: City Manager
CC: City Commissioners
Date: 10/16/00
Re: Variance Request by Robert Rucerito, 910 Nautilus Isle
1. The MAB reviewed the variance request forwarded by the Planning and Zoning Board at its
regularly scheduled meeting on 11 October 2000.
2. Based on the width of the canal and the specifications of the boatlift provided by the
® homeowner, the MAB has no concerns regarding this installation.
~' 3. The MAB recommends granting the variance as requested.
Respectfull ubmitted,
Glenn R. Germaine, Chairman
DV
OCT 2 2U00
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