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Home My WebLink AboutR-2007-022 Guzowski Variance (VA-85-06) RESOLUTION NO. 2007-022 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JOHN BARTLEY ON BEHALF OF JEFF GUZOWSKI, FROM CHAPTER 28, "ZONING", ARTICLE 4, "SCHEDULE OF LOT,YARD AND BULK REGULATIONS",FOR PROPERTY LOCATED AT 238 SE 2ND 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", prescribes the setback requirements for structures within the City of Dania Beach; and WHEREAS,John Bartley,representing Jeff Guzowski,is requesting a variance(VA-85-06) from Chapter 28, "Zoning", Article 4, "Schedule of Lot, Yard and Bulk Regulations", from the required setback requirement to allow the construction of an addition to a single family home that will be set back 10 feet from the rear lot line for property located at 238 SE 2°d Street(a minimum 15 foot setback is required in the rear yard); and WHEREAS,the Planning&Zoning Board on January 17,2007,recommended approval of the variance request,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-85-06, from requirements in Chapter 28, "Zoning",Article 4,"Schedule of Lot,Yard and Bulk Regulations",of the City Code of Ordinances 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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. PASSEL) and ADOPTED on February 14, 2007. PATRICIA FLOURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FO AND CORRECTNESS BY: THOMAS J. A�4SBRO CITY ATTORNEY 2 RESOLUTION 42007-022 • ; City of Dania Beach, Florida Department of Community Development 1�w Planning and Zoning Division 92 -3645 General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment DEC 0 12006 ❑ Plat ❑ Plat Delegation Request Planning ❑ Rezoning Date Rec'd ❑ Site Plan 1VqYMftdnt ❑ Special Exception Petition No.: (® ❑ Special Request ❑ Trafficway Waiver ❑ Variance ❑ Vacation Request ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentatlon"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: - �j S�- a2r\d Lot(s): l 0 Block: Subdivision: Dcn i,-G G-Uk F Vie(i Recorded Plat Name: Folio Number(s): 5`-42k 00�T Legal Description: �' �n 1 L) ApplicanQConsultanegal Representative (circle one) J 0� \n �aL a(-e A Address �U l Business Telephone: �1 -`1Z-3-014 ome: a 2-+4$-1$7? Fax: '1")1) 6i -6-753 Name of Property Owner: Address of Property Owner: Business Telephone: 1�1 Home: 01'�L4• q - FYI7 Fax: Explanation of Request: /JO S lv� Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Existing Use: 5F 12 Proposed Use: Is property owned individually, by a corporation, or a joint venture? } I understand at site plan and variance approval automatically expires within 12 wont of Commission approval, pursuant to Ordinance No. 2005-040. It 1L�10(P Applicant/owner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This 11 day of WE 20.E Signature: Date �' 0 me oANory Public (Print Name) S e f( �' �.� ) Print Namb of Notary Street Address, City, State and Zip Code `4—p�I,,��jaye•eridget Dergemn C . �iu#DD2� Sey� o;= goaded Thru Telephone No. &Fax No. FF��• At;a.ZtiC BondingCa,Inc. INDIVIDUAL OWNER NOTARIZED SIGNATURE: This Is to certify that I am th fee im le owner of su�ect lands escribed above and that I have authorized (Applicant/Consultan Representativ \, O�1n '&A/-{�� to make and file the aforesaid apple on. Sworn to and subscribed before me Owner: This_A day of h v c &441-20 0 e ^ Signature: Date: `/ � ' Si a e of Notary ublic (Print Name) State. ��1;��:'� - U� � ��T;L�c n �3'� S� ►tom S+- iJL0(C, Se U r4- Print Namle of Notary T— Street Address,City, State and Zip Code Commissiop•.EX iresr..•. ,.,�, , _..__ _ q � • �i 7 5- -7"a 77 Seal: :c u assiott oniisg;6 Telephone No. & Fax No. _ j aZ11"z'S June 2, 2(W 50nded Tern � i, ri�1� `, . ...._,.: Sri^C:.:€,CJ..'•_G Guzowski —Variance 238 SE 2"d Street f Criteria Statement (a) That 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; The home is located on a corner lot and to make the construction of the addition work on the south side of this lot, I will need a setback variance for 5 feet from what has been determined to be the rear yard. The existing building is constructed on a lot with 25 foot setbacks on both SE 2"d Street as well as SE 3rd Avenue, and the code indicates that the front door determines where the rear yard is (SE 2"d Street). However, the west side of the lot is used as the back yard and not the south side. (b) That the special conditions and circumstances do not result from the actions of the applicant. There is plenty of room on my lot to construct the addition on the south side, while still leaving 10 feet of setback area from the south property line. This is more than what the code would require for a side yard setback. (c) That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in this same zoning district; } I do not believe this would constitute a special privilege, this appears to be a case of interpreting where the front, rear and side yards are located, and application of the setbacks for each. (d) That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant; The code is interpreted as stating that the rear yard is determined by location of the front door. In this case it does not work because the area where the code says my back yard should be is much smaller that the area we utilize as a back yard, which is the west side. (e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; The code requires a 15' rear yard setback and a 7' side yard setback. I would be asking for a variance for 5 feet, because of the determination of where the rear yard is located. However if the area was determined to be a side yard, I would not need a variance at all. (f) That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. I spoke to my neighbor to the south and they have no objection to the requ 11027a i DEC 0 1 ?006 � inning partMent