HomeMy WebLinkAboutR-1998-183 i
RESOLUTION NO. 183-98
A RESOLUTION APPROVING VARIANCE REQUEST BY K & B
CONSTRUCTION AND MARK F. BUTLER, ESQ., REPRESENTING
HITCHING POST MOBILE HOME PARK IN DANIA BEACH (LIMITED
j PARTNERSHIP), FROM CHAPTER 28 ZONING, ARTICLE 4, DISTRICT
REGULATIONS, SCHEDULE OF LOT, YARD AND BULK REGULATIONS
FOR THE RS-6000 ZONING DISTRICT BY ALLOWING THE
CONSTRUCTION OF FIVE (5) SINGLE-FAMILY RESIDENCES ON A SITE
WHICH IS 294 FEET IN WIDTH WHERE 300 FEET IS REQUIRED, SITE
LOCATED ON THE WEST SIDE OF SE 2ND AVENUE AND SE 10
STREET, TO THE EAST OF THE HITCHING POST MOBILE HOME PARK;
PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 28 Zoning, Article 4, District Regulations, Schedule of Lot,
Yard and Bulk Regulations of the Dania Beach Code of Ordinances state the lot
regulations for the RS-6000 zoning district; and
WHEREAS, K & B Construction and Mark F. Butler, Esq., representing Hitching
Post Mobile Home Park in Dania Beach (Limited Partnership), for property located on the
West side of SE 2nd Avenue and SE 10'h Street, Dania Beach, have applied for a variance
(VA-50-98) which would allow the construction of 5 single family homes on a site which
is 294 feet in width, where 300 feet is required; and
WHEREAS, the Planning & Zoning Board on November 16, 1998, recommended
that the City Commission grant variance request VA-50-98 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:
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- Section 1. That that certain application VA-50-98, for variances from Chapter 28
Zoning, Article 4, District Regulations, Schedule of Lot, Yard and Bulk Regulations of the
Dania Beach Code of Ordinances, a copy of which is attached hereto and made a part
hereof as Exhibit "A", is approved. •
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Section 2 . That the petitioner has agreed, as a condition to the variance approval,
to place two 12-foot high oak trees or mahogany trees, per lot, along the perimeter line of
said property.
Section 3 . That all resolutions or parts of resolutions in conflict with this resolution
are repealed to the extent of such conflict.
Section 4. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED THIS 81h DAY OF DECEMBER, 1998.
MAYOR-COMMISSIONER
ATTEST:
ROLL CALL:
MAYOR CALI - YES
/2 VICE-MAYOR ETLING -YES
CITY CLERK-AU ITOR COMMISSIONER BERTINO-YES
COMMISSIONER HYDE-YES
COMMISSIONER MIKES-YES
APPROVED AS TO FORM AND CORRECTNESS:
CITY A 0 NE
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CITY OF DANIA
100 WEST DANIA BEAC14 BOULEVARD
DANIA FLORIDA 33004
954/921-8700
APPLICATION NUMBER V� -cl DATE FILED 10-2/-9 k
APPLICATION FOR VARIANCE
The undersigned petitions the City Commission of the City of Dania,Florida to consider the
j variance of the parcel(s)of the land described in this application.
0
NAME OF APPLICANT: K&B Construction/Mario 8emsrd President
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ADDRESS OF APPLICANT:4980 S.W. 52nd Street.Suite 119 Davie.Florida 33314 n
PHONE:(9541797.6693
PROPERTY INTEREST OF THE APPLICANT:Contract Purchaser
NAME AND ADDRESS OF THE PROPERTY OWNER (IF NOT THE
APPLICANT):Hitchina Post Mobile Home Park of Dania.Florida(Limited Partnership)
S.F. 2 Ave Dania Florida,
ADDRESS AND LEGAL DESCRIPTION OF THE SUBJECT PROPERTY:That pan of the
N/2 of the NW/4 of the SF/4 of Section 3 Township 1 Range 42 East. D s rib d as follows:
Beginning at a point 509 feet Fast of the Southwest cumcr of the North '/ of the NWIM of the
S .1/4.thence m Fast along the South line of said NI/2 of the NW 1/4 ofth SFI/4 a distance of
171 feet.more or less,to the Westerly right-of--way line of the S.F.Ind Ave thence n North along
the Westerly right-of-way line a distance of 294 feet,thence a West parallel to the South line of
said n'GofheNW 1/4/of the SF114a distance of159 feet.mom or less topa point whicis509 fee
t
Fast of the west line of sadi n 1/2/of the NW 114 of the SE t/41,thence run South parallel to the
West line of said N'/:of he NW 1/4/of the SE 1/4 a distance of 294 feet to thepoint of beeinnine
ZONING CLASSIFICATION:C-3 LOT SIZE: 130'x 294' AREA: 38.220 soft.
PRESENT USE: Vacant Land
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DESCRIPTION OF THE VARIANCE(S) REQUESTED: Variance from Ch 28. 65.15
permitting the construction of 5 single family homes on 4 lots measuring 59' x 110' and 1 lot
measuring 58'x 130'.varvine the lot width requirement from 60'to 59'for each of four lots and to
58'for I lot.
LIST THE NAMES AND ADDRESSES OF ANY EXPERTS(PLANNER.ARCHITECT,
ATTORNEY, ECT. IF ANY): Mark F. Butler. Esq.. Ellis. Spencer& Butler.4601 Sheridan �i
Street.Suite 505,Hollywood.Florida.33021 q8
PLEASE COMPLETE THIS PORTION OF THE APPLICATION CAREFULLY. EACH
REQUEST FOR 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 consider if a variance will not be contrary to the public interest where,
owing to special conditions,a literal enforcement of the zoning of the zoning code will result
in unnecessary and undue hardship,
Dmmww Nwnpr b931-1 r 1
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I Descrihe how special conditions and circumstance 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 nature of the parcel is such that with a minimal variance. 5 single family homes could be
accommodated- while still exceeding minimum square footage lot reauirements. The only
rgq�iremeot not met wgtdd be the 60'width requirement,the width of 4 of lots would be 59'end
' one lot would be 58' All lots would still be 130' deep and meet all setback and yard size
requirements.
2. Provide evidence that the special conditions and circumstances do not result from the
actions of the applicant.
The necessity for the variance is created by theparcel itself and through no action of the applicant
or current owner
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.
If the variance is arnnted the subdivided lots will still meet the minimum requirements for seuare
foot ae.yard minimums.and setbacks.No special privilege would be granted to the applicant denied
to other lands other than a minimal width variance.
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.
Aliteml intemrrt tion of this provision would prevent the applicant from a use of his land enioved
(y other nronertiesin the area where a minimal variance wmld allow the ayyiicantto construct five
s:pefe r miry homes on subdivided Into meeflnn all other requirements
5. Describe hose the requested variance is the minimum variance that will make possible
the reasonable use of the land,building or structure.
Granting this minimal variance of one foot from the minimum width requirement on 4 lots and two
feet on 1 lot would allowthe parcel to be subdivided into five lots where single family homes could
be constructed. This would allow each of these homes would meet all snuare footanee..,yard.and
setback requirements We believe that taking a minimal one foot amount from each lot would be less
detrimental to the neighborhood scheme and more in compliance with the zoning code than
requesting a six foot variance from a of the parcels
6. Explain how the grant of 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.
This area of Dania is a relatively new section with new upper and middle class homes built on a
fairly lax e d velonment scheme.- These nronosed five houses would be consistent with this
Ic evelnpyicnl scheme and with the zoning code necause all other requirements including setbacks,
would be r• would be caused to neighboring properties
7. Please add any other comments which may assist the City Commission and the
Planning and Zoning Board in reviewing this request.
There's an abandoned 7'/-foot dedicated alley,diacent to the north of the subject parcel lying at
the southern boundary of the Forrest Homesites plat This 7 '/2 foot alley,along with the existing
setback, yard and snuare footage requirements would prevent any feeling or appearance of a
reduced setback from nelnhhor'nn parcels.
aw W[N=W M991-1
K .K8.UUNSIRULIIUN.1NL. ILL:9S4-,'91-Ub75 UCt 11 Vd 14:33 NO.UU4 P.0
OCT. •21`981WEO) 12:02 ELLIS,SPENCER&BUTLER TEL:951 986 2778 PA IS
NOTE: ALL SIONATURES MUST BE NOTARIZED DY ORDER OF THE DANIA
CITY COMMISSION
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Si nature ofNeritioner
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Swom and Subscribed before me thila day of 1991b
Nota Publ COmmlSslon Expires:
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3�Av0`4 SILVY DAVID
aQ�k cok"RoN 0 GC 655671
EMUS JUN 15,2DO l
ATIA
a NrICtON01N000..INC.
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i4lG-22-1998 05:27 SELZ+MJVDI SELZ PA d078339715 P.03
_ FOR USE WHEN PETITIONER IS NOT OWNER OF SUBJECT PROPEPI!
TEIIS IS TO CERTIFY THAT I AM 77IE OWNER OF THE SUBJECT LANDS
DESCRIBED ABOVE IN THE PETITION FOR VARIANCE
MAKE AND FILE THE
AUTHORIZED TO
AFORESAID PETITION FOR VARIANCE
P0� _
r store of er
S. potcvU- D�1• 8T" FL,west
W.C S�eet Addrrms,C tm s wc,&.Zip
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7elephane
4Natary
o*nd obsrribed are me this �dayoflddll.5L 19
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*WCamm�tamctm"S Commission"Piles:� 7 a001
IIC 1;w 5/gwasm"o?"at I
TO BE COMPLETED BY OFFICE STAFF ONLY
MATERIALS
Sketches__
Plats—
Survey Fee
List of Adjacent Property Owner
THIS FORM TO BE FILED WITH TIfE CITY OF DANIA'S GROWTH MANAGEMENT
DEPARTMENT,
ACCEPTED BY:
y....,.r yam..,
TnTa c rat
DESCRIPTION
THE EST 130.00 FEET(AS YFA4MED ALONG THE SMITH AND TOM" LINES) OF THE FOUOWNG OREOH®
PARCEL OF LAIR:
THAT PART OF THE 41/2 OF THE NWI/4 OF THE SE1/4 OF SEGOON 3. T0WNS1p Si SOUTH. RANGE 42 EAST.
DESCRIBED AS FOLLOWS: BOINNING AT A POMP SOY FEET EAST OF THE SOUTHWEST CORNER OF THE
NORTH 1/2 OF THE NWI/4 OF THE SE1/4.THENCE RUN F/ST AbW THE SOUTH LINE OF SAID N1/2 OF THE
•..:..� OF 19.E 2NO A of,THE SEt ;THEE NCERUN OF 171 FEET. MOItE OR UESS.To THE NORTH ALONG THE WEMMY RIGHT-OF--WWWAYY LINE A DISTANCE OF
294 FEET: THENCE RIM W,,, PMNIEL TO THE SOUP UNE OF SAID NI/2 OF THE NWI/4 OF THE SEI/4 A
DISTANCE OF 159 FEET. NORTE OR LESS. TO A PONE WHICH IS BOB FEET EASE OF THE WEST LINE OF SAND
NI/2 OF THE RRI/4 OF THE SEI/4{THENCE RUN SOUTH PARALLEL 10 THE WEST LINE OF SAID 111/2 OF
THE NMI/4 OF THE SE124 A OISTAW2:OF 2" FEET TO THE PONT OF BEOINHNG
SAID LAND SOUATE R GAP" BROWAAD COMM, FLORIN
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S. E. 8TH STREET
FOUND NA4
'i1111I HOWESIRS" ". 30.pa, ITT, B.C.R.)
NORTH ARROW RELATIVE TO ASSU.EO .hQ
NORTH ALONG THE tlDNEAUNE OF
S.E. 2N0 AVENUE (NOT�RLICROS �HaTICSITFS'(P0.34 P0. 2e 0.G0.)
FOUND tf
an, 29V+/- 130• tt
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NOR'THE IRO DCSfW ON SHOWN NOTION WLs
FRRWM eY ILK CUCNA EASOWBB AND 11095-
OF-TINY PER RF001O PLAT INK am SIONN W
Ie1 M NO FURRIER SEARCH FOR WFIpQ OF
RECORD HUT BEEN WOE BY OHS FIRM. W I
OEMTRYQ SHOWN ARE RAISED ON WOOI.L CEOOEITO ly Q
TER2AL GAFW OF 10" SHOW THUS .F7
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SOAR LINE 141/2 NNI/4 SEI/4 SOUTH 90LOMM
SECTION 3-51-42
nesaRm BO DATE OF SURVEY: 10-211 PN mi 326 OWo�'' O
SCALE-1'�30' F.B.: TSB 43
SIFPRTEN H. CIBBS LAND SURVEI'ORS, INC. DMWN-BW S G C21ExTG0 WG 5
2131 HOLLYWOOD BOULEVARD. SUITE 201 TYPE OF SKETCH OF 5URVEY REVISION DATE
HG
HOLLYWOOD. FL 33020 (954) 923-7666 BOUNDARY
•c LICENSED BUSINESS NO. 5035
NOT VALID WITHOUT THE SIGNATURE AND STEPH N H. OMITS. FOR IRE FIN.
ORIGINAL RAISED SEAL OF THE FLORIDA PROFESSIONAL SURVEYOR h MAPPER
UCE14SED SURVEYOR AND MAPPER FLORIDA REGISTRATION NO, 4054
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V.S. fl Fade rd Illtibvay' (7�17 total front. c".:;:
)0• A 294.03' 30'
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Lot ll 945 50VT11 FLVYII
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k . L UANIA FLONI DA 730
04 UO)) Y12- 1\co ,r lal Zoned C-7
Ode, filet", Mobile Park -
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Option'=� I .^o Zoned 03 '
/lea ad .276/r
I : 1.61 S.f
9/Acre. ,(vaeam
LW A. I n (wb/ly perk anly( =r avctlen), north
louet IOII I
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TOTAL ALL CO!WLRL UI 4 ZOYi C 2 O16/Ac
146.51 « < e i,IAL ALL OOPL(.A 20NE RO-6000 3.231Ae 1
Lot 04 =
r vaunt lot RD-60�q d'm Total mobile park front and rear 7.21/Ac
Option/l care_ _ /A6I ^ u
w T.u) owned vaunt land (both late),1']^c/Atl 50'
Total option/I.aIeA parcel. 66 //
I5 i'O2AL ALL LAND AREA 5. 5 /ACRES Alley
Ilo nLo L Lot AD-6000 I H '
<~ Opt enIlea.. .17/Atl
Lot P .I7/Ae
u r Vacant Le t RO-6000 �•
'Opel../lea..
146.5'
E.LsitnR Hobl)e Park
Zoned DO-6000
L59/At (mobile park rear section)
Eat,
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ENTIRE PARCEL CITY WATER/CITY SEVER
Exleitag Duplex .
and aingle family
hoaaa.
Owned vacant Lot ,
1.13/At 1.9,191.22 Sq. Ft.! rQ
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fff1:� EXISTING MOBILE PARK o7 x
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Z63tgQIG SPACES- 40 4./- AST TO QVES C
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REQU�dPSAND7.QNINGREQUIDFMENISFOSTHENER'PLAN
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NEED PLATAND SITS PLAN FOR D4AMbtIIM USE—TffiS SITE 3
IS.SDUP!•E=OltT/TRXPlMCB'SOR?YQUADFLEKFS 16 y i
Ojt]3 TYET POSSMLYA12UNIT-4-APARMWiNT.
Thisis a modified copy of the site Pfau migho1+ t
the proposed mobile home espamiom site Plat
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IS TO BE DIVIDED AFCER PARK SALE
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MEMORANDUM
TO: Michael W. Smith, City Manager
FROM: Terry L. Virta, AICP
Growth Management Director
RE: Va-50-98 Variance Request for Reduction in Lot Width
Date: December 2, 1998
The site of this application is directly east of and adjacent to the Hitching Post
Mobile Home Park. The applicant wishes to construct five single-family residences,
which will require that the site be subdivided. The site is 294 feet long and to meet the
minimum frontage requirements in the RS-6000 Zoning District it needs to be 300 feet
to accommodate five lots.
This zoning district requires a minimum lot size of 6000 square feet and the
smallest lot, in this subdivision, if the variance were approved would be in excess of
7500 square feet. The effect of this request if approved would be to reduce the
maximum width that a house could be built by two feet, which can more than be made
up in the structure length. It would not be at all noticeable to the casual observer that
this development met a lessor standard as to width. The applicant has no other option
than to subdivide in a manner that would not be consistent with this district.
The Planning and Zoning Board acted favorably on this request. They are
recommending that the City Commission approve this requested variance.
NOTICE OF PUBLIC HEARING BEFORE
THE CITY COMMISSION
OF THE CITY OF DANIA BEACH, FLORIDA
REGARDING THE FOLLOWING
VARIANCE REQUEST
NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania Beach, Florida on, Tuesday,
December 8, 1998 at 7:30 p.m., or as soon thereafter as the matter may be heard, will conduct a public
hearing in the City Commission Meeting Room of the Dania Beach City Hall, 100 West Dania Beach
Boulevard, Dania Beach, Florida, to consider the following proposed Variance request.
Petition No. VA-50-98—A request by K & B Construction and Mark F. Butler, Esq., representing Hitching Post
Mobile Home Park of Dania Beach (Limited Partnership), for a variance from Chapter 28 Zoning, Article 4.
District Regulations, Schedule of Lot, Yard and Bulk Regulations for the RS-6000 Zoning District. The RS-
6000 zoning district requires 6,000 sq. feet of area, a lot width of 60 feet and a lot depth of 90 feet. The
petitioner wishes to construct five (5) single-family residences on a site which is 294 feet in width where 300
feet are required.
Property is legally described as: 51-42-03 00 072— The East 130.00 Feet (as Measured along the South and
North Lines) of the Following Described Parcel of Land: That Part of the N'/2 of the NW '% of the SE% of
Section 3, Township 51 South, Range 42 East, Described as Follows: Beginning at a Point 509 Feet East of
the Southwest Corner of the North '/ of the NW % of the SE Y4, thence Run East along the South Line of Said
N '/ of the NW % of the SE '% a Distance of 171 Feet More or Less, the Westerly 9 Y Right-of Way Line of SE
2nd Avenue; thence Run North along the Westerly Right-of-Way Line a Distance of 294 Feet; thence Run
West Parallel to the South Line of Said N '/2 of the NW'% of the SE %a Distance of 159 Feet, More or Less, to
a Point Which Is 509 Feet East of the West Line of Said N '/ of the NW % of the SE %; thence Run South
araliel to the West Line of Said N '% of the NW '% of the SE %4 a Distance of 294 Feet to the Point of
I eginning. Said Land situate in Dania, Broward County, FL.
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 Marie Jabalee, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL
f 33004, (954) 921-8700 ext. 202, at least 48 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 be based.
Lou Ann Cunningham
Administrative Assistant
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LASON SYSTEM'S INC. S.E.
f 6954 N.W. 12 STREET, MIAMI, FLORIDA 33126
305-477.9149 . 800-287-4799 • FAX 305-477-7526
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FC 017
AGENDA REQUEST FORM
CITY OF DANIA
Date: 12-02-98 Agenda Item#:
•
Title:
VARIANCE VA-50-98 KB CONSTRUCTION SE-10TH ST AND SE 2ND AVE.
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Requested Action:
Public Hearing of Variance VA-50-98
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Summary Explanation&Background:
Request by Mark F. Butter, Esq. representing K& B Construction for a variance from lot
requirements for the construction of 5 single family homes to be located to the east of the
Hitching Post Mobile Home Park on SE 10th Street and SE 2nd Avenue.
Exhibits(Lisp:
Resolution
Memoranum from Terry L.Virta,AICP Growth Management Director
Application for Variance
Public Hearing Notice
Location Map
Purchasing Approval:
I�
Prepared By:
Terry L. Virta, AICP-Growth Management Director
Recommended for Approval By:
PLANNING AND ZONING BOARD 11/16/98
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
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