HomeMy WebLinkAboutR-1998-121 I
RESOLUTION NO. 121-98
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING A
VARIANCE REQUEST SUBMITTED BY PHYLLIS M. TALOTTA, FOR
PROPERTY LOCATED AT 605 SW 4T"AVE., DANIA, FOR A VARIANCE
FROM THE HEIGHT REQUIREMENT FOR WALLS, FENCES AND
HEDGES AS LISTED IN CHAPTER 28, ARTICLE 5, SECTION 5.36(a) & (b)
OF THE DANIA CODE OF ORDINANCES; PROVIDING THAT ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT BE
REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 28 Article 5, Section 5.36(a) & (b) of the Dania Code of
Ordinances lists height requirements for walls, fences and hedges; and
WHEREAS, Phyllis M. Talotta, residing at 605 SW 41'Ave., Dania, has applied for
a variance (VA-41-98) which would allow the hedge which is in excess of four (4) feet in
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the front and six (6) feet in the rear to remain; and
WHEREAS, the Planning &Zoning Board on July 15, 1998, recommended that the
City Commission grant variance request VA-41-98 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1. That that certain application VA-41-98, for a variance from the height
requirement for walls, fences and hedges as listed in Chapter 28, Article 5, Section 5.36(a)
- & (b) of the Dania Code of Ordinances, a copy of which is attached hereto and made a part
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hereof as Exhibit"A" be and the same is hereby approved, and the appropriate city officials
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are hereby directed to execute same.
Section 2 . That all resolutions or parts of resolutions in conflict with this resolution
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_ are repealed to the extent of such conflict.
Section 3. That Phyllis M. Talotta will be reimbursed for the application fee of
$110.00 and advertising cost of$150.00 for a total of$260.00 in regards to said variance.
Section 4. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED THIS 11th DAY OF August, 1998.
MAYOR-COMMISSIONER
ATTEST:
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CLERK-AUDI OR
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APPROVED AS TO FORM AND CORRECTNESS:
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CITY A ORNEY
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MEMORANDUM
TO: Michael W. Smith, City Manager
FROM: Terry L. Virta, AICP
Growth Management Director
RE: VA-41-98 Variance Request By Phyllis Talotta
Date: July 28, 1998
This is a request for a variance to allow for the continued existence of a hedge
that exceeds the allowed height in the side and front yards. The height of the existing
hedge is between seven and eight feet. The property is located at 605 SW 4th Avenue
on the East Side of the street. The hedge has apparently existed in its current location
and height for some time. Code Enforcement Staff because of the height of the hedge
recently cited the property.
The Zoning Ordinance allow fences, hedges and walls to be six foot in side yards
and four feet within required front yards. The hedge as can be seen by the photographs
is much higher than these standards. The applicant has not offered any significant
justification for a hardship.
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The applicant is also requesting that the City Commission refund their filing fee
as well as the cost of their legal advertisement. They have paid an advertising fee of
$150.00 and a filing fee of$110.00. They would like to be refunded the full $260.00.
The Planning and Zoning Board found that there are circumstances related to
this request that weigh favorably in its behalf. They recommend that you grant this
request, as its approval would not have significant negative impacts on the community.
There is not a recommendation regarding the refund. It should be noted, however, that
the funds for the legal advertisement have been expended.
June 9,1998
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Michael W.Smith
City of Dania
100 W Dania Beach Blvd.
` P.O.Box 1708
Dania. FL.33004
Dear Mr.Smith
SUBJECT:WAIVER OF VARIANCE FEE.
I respectfully request that the application fee for the accompanying Request for Variance be waived.
As I feel that there are sufficient,mitigating circumstances surrounding this case to warrant my request It is a
lot to ask that citizens go through this much trouble, for the right to leave things the way they have been for
over 30 years. Enclosed with my application for variance is a check for S260.00;which I was told is required
before anyone will even look at the application. As 1 did not have the money, 1 was forced to borrow this
amount,and would like to have it reimbursed so 1 may return the loan.
I thank you ahead of time,
Sincerely,
Phyllis M.Talotta
605 SW 4TH AVENUE
DANIA, FL. 33004
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NOTICE OF PUBLIC HEARING BEFORE
THE PLANNING AND ZONING BOARD
AND THE CITY COMMISSION
Of the City of Dania, Florida
regarding the following petition
Variance Request -VA-41-98
NOTICE IS HEREBY GIVEN that the Planning and Zoning Board on Wednesday, July 15,
1998, at 7:30 p.m.; and the City Commission, of the City of Dania, Florida on August 11, 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 City Hall, 100 West Dania Beach
Boulevard, Dania, Florida, to consider the following requests:
PETITION NO. - VA-41-98 - The request of Phyllis M. Talotta, for property located at 605 SW 4"
Ave., Dania, from the height requirement for walls, fences and hedges as listed in Chapter 28,
Article 5, Section 5.36(a) & (b) of the zoning code. Mrs. Talotta is requesting that she be
allowed to keep the existing hedge, which is located along the front and side yard, of the north
side of her property, to remain at a height which is greater than allowed by the city's code.
Section 5.36(a) of the zoning code states that for front yards, 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; and
Section 5.36(b) states that for side and rear yards, walls, fences and/or hedges located
between the side or rear building line and the side or rear lot line shall not exceed six (6) feet
in hei ht.
The legal description of the property is the south 62.50 feet of Lot 16 of "Dania Heights
Addition" according to the Plat thereof as recorded in Plat Book 28, Page 19 of the Public
Records of Broward County, Florida, excepting therefrom the South 7.5 feet for alley.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND
ZONING 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 BE BASED. F.S.S. 286.0105.
Lou Ann Cunningham
Administrative Assistant See Location Map on Reverse Side
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HEIGHT SPECIFICATIONS FOR
iWALLS, FENCES AND HEDGES
CHAPTER 28, SECTION 5.36(a) & (b)
I I Side and Rear Yard Height Limits— I•I
I' &feel for I
I I Walls, Fences and Hedges.... II
III ili
I•I III
III RESIDENCE Ild SIDE & REAR YARD
I'I 6-FEET
III III
III III
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I�I ili
FRONT YARD 4-FEET
III Ili
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Front Yard Height Limits feet
for Walls,Fences and Hedges....
-STREET-
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DPSCRIPTIOB] The South 62.50 feet of Lot 16 of "DANU HKIGHTS ADDITIO.Ye according to the
Plat tbareof as recorded in Plat Nook 28. Page 19 of the Public Records of
Froward County, Florida, excepting therefrom the South 7.5 feet for alley.
ADDRESS] 605 S.H. 4th Avenue Noten Elevations shown refer
Dania, Florida to an assumed datum.
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e �!!. I hereby certify that I have made a recent survey of the above
- described property and it is true and correct to the beet RbevIedge and
belief and that there are no above ground snoroachaente .'d stwise bated. I
further certify that the survey represented hereon meets a regal!p ents
adopted by the P.S.P.L.S. and the P.L.T.A. r
Dated this 6th day _J s 1968 . A
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Drawn b n a.A.B. Checked ] rv.c. . .
Regis evyor.-No.! 190,
ylerida.'
. W". LtT,G A ASSOCIAns. Inc
1621 Nallywood Boulevard
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CITY OF DANIA
100 WEST DANIA REACT{ BOULEVARD
DANIA, FLORIDA 33004
305/921-0 00
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APPLICATION NUMBER DATE PILED
APPLICATION FOR VARIANCE
The undersigned petitions the -ity ':ommission of the City -)f Dania,
=lorida to consider the variance of the parcel (s) of land described in
this application. r�
NAME OF APPLICANT: ; �1411 % /) � /-r �)�n /,7/7
ADDRESS OF APPLICANT: ��� =Li ' /�/� �IoF PHONE: �l`/' /1/':•/•
PROPERTY INTEREST OF APPLICANT: i? �" N• •i �C -' J)e • oc
NAME AND ADDRESS OF PROPERTY OWNER ( IF NOT THE APPLICANT) :
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY:
J)Nti ,ii 4F, c.4r5 La T /L
/ C'V 4_2
ZONING CLASSIFICATION: ti n �cc C LOT SIZE: AREA:
PRESENT USE: /n;6 1" 1,E-T,OF'; e-
DESCRIPTION OF THE VARIANCES) REQUESTED: NAter ��' ��✓Ter'/E C
SFG :7. 31,(A �� ( l 'ail.s fC��Fs f�E4�t 5 cyv� 7� A//oc,
Nf04--e Tr c� .H)ti' rZrNeibNT ✓Pi+Ta, W.Aia y ✓ /A2F•oU7' `/Aep
LIST THE :LAMES AND ADDRESS OF ANY EXPERTS (PLANNER, ARCHITECT,
ATTORNEY, ECT. IF ANY) :
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 consider if a variance will
not ')e contrary to the public interest where, owing to special
conditions, s literal enforcement of the zoning of the zoning code
will result in unnecessary and undue hardship.
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 district.
f-/PUEF <raS 4POaJ k5p7• 7r,..,r iD A7 /<'clri P.:7 /-lp/L•H% yC�e
iC',4vexH0e'3,et /x' r T✓-9e<.
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1� ?rovtde evidence ciat :na spec Lai .onaitions ana o:rcumstances
do not result from the actions of the applicant.
/F rTr'c'r'D ir' ('. 7 rJz,t,) i%, rjJ /or : w7r� ./ FrG6.•
14t, tr J/iP
3. Describe how granting the requested variance(s) +ill not .onfer
any soecial privilege Ln the aopiicant that :s denied by the
zoning code to other ands, :luildings or structures in this name
zoning district.
j �i�ev1' t1✓e_ .�r/ati . /-Irrl6rs ?live7n; -C, T T/�� c✓7.
U//v rl-1 !7rC•' 7,q//P1- IAfCI(,'GnIV( TI.0 f a71P 191;17 o TVt
l(.'4r'rH 44q i? (JP6,,2A �-PrU r2;7,e
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J. Provide evidence that the literal interpretaion of the provisions
of the zoning code would deprive the aopiicant of rights commonly
enjoyed by other properties in the same zoning district and would
Ij work unnecessary and undue hardship on the applicant.
Describe how the requested variance is the minimum variance that
will make possible the reasonable use of the land, building or
structure.
/F /ltn�. is Q7 OctcU Tc 'el 7' c %/ U/P Tbt'�
i ( PFACi.Jc 71.p d���o=.� /.�VU Flrt•ri 'ti%ir ,c i/in '�riyAt'
7hn7 17' /-rHulS %� ✓lU/J G/✓ L/PX'f i)o!J ' Pr �Hca/1
5. 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 other-
wise detrimental to the public welfare.
/ .�fl✓.40.
l�/nGr NAB- �rr1 pia✓T 'JG ixr� /.� - av it v '^
y 1P�' J7 r _ A•L r a '%rFr ! ✓JFi.-r
(1/ T!v' ,✓, rrjlenY . /T /�f-r'e tip% �'�r ulJ t�Y LV2 7 QUl' .�
7. Please add any other comments which may assist the City Commission
and the Planning and Zoning Board in reviewing this request.
pEQSCU:�(LiAy I"r S , Ar7,n cLA✓ grape Tr 1. A✓ (717vo Are A Ooura..e
P,C7✓rez ; 0A*K Fr✓ 71 cnen voe As 70 (1?UO/Y;aJA6rnL>7�
7i�0✓e r s •Uo vo o o TD 1�r G.oCe =c-F1PTH « -/-XAT ��au/a✓4.olaz 7l.
� Pro ✓4 . E4r;Za �. . r�1L6/7 r n
AAoui. 7.v rlcv�,.s.YgpT' );opurr Our�syT o.r•r
NOTE: %LL SIGNATURES MUST BE NOTARIZED BY ORDER OF THE DANIA
CITY COMMISSION. ///{�"�� •�
S g ature of Peitioner
Sworn to and subscribed 'before me this day of�.c/ (_a 19 y
l 'C'A- Commission Expires:
tart' Public
r" `7yr•. LW Ann DX0k =
MY MMSSION 1=11W 8MRRS
L+ Fed Wry a>.2WO
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wxom mw bar rue eswrs.ik.
FOR VSE WHEN PETITIONER IS 71OT OWNER OF SUBJECT PROPERTY:
THIS :S TO CERTIFY TITAT : AM THE OWNER OF THE SUBJECT LANDS
DESCRIBED ABOVE I:1 THE PETITION FOR VARIANCE AND THAT I HAVE
AUTHORIZED TO MARE AND FILE THE
-� AFORESAID PETITION FOR VARIANCE.
S gnacure oc Owner
I
Streec Address, :ity, State s Z p
Telephone
Sworn to and subscribed before me this day of 19_
Notary PublicCommission Expires:
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TO BE COMPLETED BY OFFICE STAFF ONLY
MATERIALS INCLUDED
Plans Sketches
Survey Fee
List of Adjacent Property Owners
THIS FORM TO BE FILED WITH THE CITY OF DANIA'S GROWTH MANAGEMENT
DEPARTMENT.
ACCEPTED BY:
-n�
JLH-01-1998 18120 FROM KIMBERLY S. DRISEIP.A. TO 9219966 P.01
KWERLY S.DAISE,P.A.
Awrney arLaw
1236 SE 4" Avenue
Ff.Iauderdak,'FL 33316
Tale• (934y463-9700 E=Mail:DMsel:Wbr&%eiAftNet;
Pak .(454}d63=4230. Web Site:www.d awyaadvi com:.:
hma d,1J98
To aty of Dania
:22>nm�and of Cadc&dtilce>a*Cnt I
S.eE Hedgr� .:
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Thi4 Iettes is Lo coafiym.that d 111e Own¢ Lbcamd'at 275 SW 6'St,i ftL
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33o d',Lave no objcetfaa do arty of the,hedgcston my-nalgpbaaa:praQi.ny :Inilacttbele ft*l-
pro Pkacaootbtrf#cr between the properties. niir Ledge on both aideais adwaye;woR
mimed.
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TOTAL P.01
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E the undersigned residing in the properties adjacent to Mrs. Philomena Talotta at
605 SW 4'h Avenue, Dania Fl. 33014.
Do hereby state that the hedge lining the North side of the property in no way
constitutes a nuisance or an eyesore. It is kept in trimmed and in good condition,
providing privacy both to the property above mentioned and to the neighbors on
the opposite side of the property.
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