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Home My WebLink AboutR-2007-024 Trosclair Variance (VA-78-06) RESOLUTION NO. 2007-024 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JASON DUBOW, ESQUIRE REPRESENTING KATHERINE D. TROSCLAIR, FROM CHAPTER 28, "ZONING", ARTICLE 4, "SCHEDULE OF LOT, YARD AND BULK REGULATIONS" AND ARTICLE 6.21 "OFF-STREET PARKING REQUIREMENTS", FOR PROPERTY LOCATED AT 36 SE 8Tx 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,the Dania Beach Code of Ordinances,Chapter 28,"Zoning",Article 6.21,"Off- Street Parking", prescribes the parking requirements for uses within the City of Dania Beach; and WHEREAS, Jason B. Dubow, Esquire, representing Katherine D. Trosclair (the "Applicant"),is requesting a variance(VA-78-06)to allow an existing duplex,containing one legal unit,to remain as it is with approval of the following: 1) to allow it to remain on a 64 foot by 94 foot lot(Chapter 28,"Zoning",Article 4, "Schedule of Lot,Yard and Bulk Regulations"requires a minimum lot size of 80 feet by 100 feet); and 2) to allow two(2)parking spaces(Chapter 28,"Zoning",Article 6.21,"Off-Street Parking", requires six parking spaces), for property located at 36 SE 8th Street, Dania Beach; and WHEREAS,the Planning&Zoning Board on January 17,2007,recommended denial 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-78-06, from requirements in Chapter 28, "Zoning",Article 4,"Schedule of Lot,Yard and Bulk Regulations"and Chapter 28,"Zoning",Article 6.21, "Off-Street Parking", of the City Code of Ordinances is approved, subject to the following conditions: a) the dwelling must be continuously owner-occupied by the Applicant; b) a deed restriction approved by the City Attorney must be recorded in the public records at the Applicant's expense which will specify that: i. the variance will expire upon any sale, transfer or exchange of the property by the Applicant, unless the type of transfer is approved by the City Attorney and specified in the Declaration (e.g., to a corporation or trust in which the Applicant is the sole shareholder or beneficiary,respectively); and ii. the City will have the right,upon reasonable advance notice,to gain access to the interior of the dwelling to confirm that no other additional living units have been created. 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 February 14, 2007. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST:, LOUISE STILSON, CMC CITY CLERK APPROV(E/D�AS TO `ORM AND CORRECTNESS BY: ` I � I THOMAS J.IXN*kb CITY ATTORNEY 2 RESOLUTION#2007-024 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat J ❑ Plat Delegation Request ❑ Rezoning NOV 0 6 2006 Date Rec'd: 0� ❑ Site Plan ❑ Special Exception Petition No.: u� ❑ Special Request ❑ Trafficway Waiver ' -an '`44 Jim: 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 Documentation"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: 36 Southeast Eighth Street Lot(s): 16 Block: Subdivision: F o r r e.s t H n m a.g i t e g Recorded Plat Name: Forrest H o m e s i t e s Folio Number(s): 5142 03 45 0160 Legal Description: Lot 16 , Forrest H o m e s i t e s , according to the Plat thereof , asrecorded in Plat Book 36 , Pg 28 , of the Public Records of. Broward County , Florida . Applicant/Consultan Legal Re rep sentati_V�(circleone) Jason B . Dubow , Esg . Address of Applicant: 215 North Federal Highway , Dania Beach , FL 33004 Business Telephone: 9 5 4—9 2 5—8 2 2 8Home: Fax: 9 5 4—9 2 5—8 2 9 9 Name of Property Owner; Katherine D. Trosclair Address of Property Owner: 36 Southeast Eighth Street Business Telephone: Home: 954-929-3644 Fax: Explanation of Request: Lot Size Variance Prop. Net Acreage: Gross Acreage: Prop. Square Footage; 6 , 016 Existing Use: Duplex Proposed Use: Duplex Is property owned individually, by a corporation, or a joint venture? Individually �. I understand that site plan and variance approval automatically expires within 12 months of City Co mission approval, pursuant to Ordinance No. 2005-040. p ican Owner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Repres ntative: This 2- day of., 20 Signat (� I Date:7� Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code _ Commission Expires: Seal: $-PON Steus Nolan Telephone No. &Fax No. l my Commission DD235780 a F Expires July 29,2007 INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the f imple owner of subject lands described above and that I have authorized (Applicant/Consultant/ a resentativ �pS c N S��3 v\ J to make and file the aforesaid application. Sworn to and subscribed before me Owner: �� This day of N of 20 O Signature: I Date: {{ Sign Name of Notary ublic (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: -7� Z(�) C�'�A - 1�ZC\ -3 6� � Seal: Telephone No. & Fax No. � 0 Stella Nolan ;a W Commlesbn DD235780 a a Expires July 29,2007 I CRITERIA STATEMENT--36 SOUTHEAST EIGHTH STREET Submitted in connection with application for lot-size variance. CRITERIA: (a) This property is similar to most surrounding properties in its use as a multi-family residence . The lot size is less than the required size for such a use; however the lot size is consistent with other lots in the area. (b) This property was purchased by the applicant in 2004, and at that time contained three distinct units . It has since been reduced to two units pursuant to a code enforcement order. The applicant has not altered the property in any way other than as referenced herein. (c) As previously stated, many neighboring properties are configured similarly, and are situated on similarly-sized lots . (d) If the variance were not granted, the applicant would be deprived of the rights currently conferred on the surrounding properties . (e) Since there are only two remaining units, the variance requested is the minimum necessary to allow the current use . (f) As stated previously, the current use is consistent with the surrounding uses, and the subject lot size is consistent with adjoining lot sizes . STATEMENT OF APPLICANT The Board should consider the fact that the subject property is OWNER-OCCUPIED, and that it is meticulously maintained (see color photographs) with no history of complaints since the applicant acquired title . The applicant was sold a 3-unit building, and had no knowledge that the use was improper. By converting the property back to 2-units, her income has been materially affected. If the Board does not grant the variance, the net effect will be to force this homeowner to sell the property, as she will be unable to meet her financial obligations without at least one unit producing monthly rental income.