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RESOLUTION NO. 19.1 -99
A RESOLUTION APPROVING VARIANCE REQUEST BY RUBYE
ELLINGTON OF THE BROWARD COUNTY COMMUNITY DEVELOPMENT
DIVISION, REPRESENTING HOME OWNER TOTIS EDISON FROM
CHAPTER 28 ZONING, ARTICLE 4.20, DISTRICT REGULATIONS,
SCHEDULE OF LOT, YARD, AND BULK REQUIREMENTS FOR
PROPERTY LOCATED AT 226 NW 8T" AVENUE, DANIA BEACH;
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CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH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 4.20"District Regulations", Schedule of Lot,
Yard and Bulk Requirements of the Dania Beach Code of Ordinances sets the criteria for
minimum lot widths, setbacks and bulk requirements in residential Zoning Districts; and
WHEREAS, Rubye Ellington, of the Broward County Community Development
Division, representing the owner Totis Edison for property located at 226 NW 81" Ave.,
Dania Beach, has applied for a variance (VA-10-99) which would allow the petitioner to
demolish the existing home and construct a new single family home at the site on a lot
which does not meet the 50 foot width requirement; and
WHEREAS, Chapter 28, Article 10.14 states that variances for lot frontage and lot
size for property located within the officially designated Community Development Block
Grant Redevelopment target area shall be heard directly by the City Commission; and
WHEREAS, staff has recommended that the City Commission grant variance
request VA-10-99 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-10-99, for a variance from Chapter 28,
Article 4.20 "District Regulations", Schedule of Lot, Yard and Bulk Requirements, Dania
Beach Code of Ordinances, a copy of which is attached hereto and made a part hereof as
Exhibit "A" be and the same is hereby approved, and the appropriate city officials are
hereby directed to execute same.
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are repealed to the extent of such conflict.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 26'" DAY OF JANUARY, 1999.
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MAYOR-COMMISSIONER
ATTEST:
CLERK-AUDIT
APPROVED AS TO FORM AND CORRECTNESS:
A J .CITY ATTORNEY
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ITY
100 WESTCDANIAFBEACHABOULEVARD
DANIA, FLORIDA 33004
305/921-8700
APPLICATION NUMBER A/A-to-99 p
r DALE F1LEDLV-g; J-�)
1 4TInl5s/pA) 6j11/APPLICATION FOR VARIANCE Y
The undersigned petitions the City Comm.i ssion of the city Florida to consider the variance of the parcel(s) of land
this application. Y of Dania,
described in
NAME OF APPLICANT; -1;A f,.,
ADDRESS OF APPLICANT. i,( �./ Q�-1-h �)p
PROPERTY INTEREST OF —��-1u_�l O—_�T—PHONE: �, Q
APPLICANT:;j1\2n nr it i
NAME AND ADDRESS OF PROPERTY OWNER (IF NOT THE APPLICANT):
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY:
31 e
ZONING CLASSIFICATION:
PRESENT USE: -- LOT SLZE:W /n...,.,.AREA:
/DESCRIPTION OF THE VARIANCF,(S) REQUESTED:\n \
LIST THE NAMES AND ADDRESS OF ANY EXPERTS (PLANNER, ARCHITECT,
ATTORNEY, ECT. IF ANY):
"V11
----
ON OF
REQUES COMPLETET FORp VARIANCE MUST STAND ON ITS OWN APPLICATION
MERI S WITHOUT REGARD A
ANY OTHER PROPERTY. TO
The following questions pertain to the criteria u
Commission and Planning and Zoning Board consider
not be contrary to the Pon which the City
conditions, a literal enforcement of the
w :f i variance will
will result in here, owing to special unnecessary and undue hardship zoning of the zoning code
l• Describe how special conditions and circumstances exist which
re
peculiar to the land, structure or building involved a
not applicable to other lands ntl whLchaa re
zoning district. structures or buildings in the same
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2 Provide evidence that the special conditions and circumstances
do not result from the actions of the applicant.
1• Describe how granting the requested variance(s) will not confer
any special privilege on the applicant that is denied by the
zoning code other lands, buildings or structures in this same
zoning districie t.
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4. Prot See evidence that td literal interpretaion of the provisions
Of the zoning code would deprive the applicant of righ ts commonly
enjoyed by other properties in the same zoning
work unnecessary and undue hardship on the appldistrict and would
icant.
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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 or
structure, (� �
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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 other-
wise detrimental to the public welfare,
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7. Please add any other comments which may assist the City Commiss
and the Planning and Zoning Board in reviewing this request.
ion
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IJOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF THE DANIA �oGmu,
CITY COMMISSION.
S Lgna ure of PeLtloner
worn to and subs gibed before me thi�day of
19 l
No ary P bltc
---- 1\ i`h I_''�--Commission Expires:
_ OFFICIA OfARYSEAL
RUBYF.ELLINGTON
NOTARY FUBIIC SrATEOF FLORIO
COMMLSSION NO.CC606654
MYCOMMIsSION E%P.UF.C.]V 14eJ
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FOR USE WHEN PETITIONER IS NOT OWNER OF SUBJECT PROPERTY:
THIS IS TO CERTIFY THAT I AM THE OWNER OF THE SUBJECT LANDS
DES CRIBED,AlMVE IN THE PET
AUTHORI2EDQN FOR V RIANCE AND THAT I HAVE
AFORESAID PETITION FOR VARIANCE. - ) ( TO MAKE ANU FILE THE
S gnatu re o Owner
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nttiL;a ress, City, S[ o Zlp
• 9�1, �Z_o
Telephon-a-""'�-'�--
orn to and au scribe K{�
I! Ip It' befoce me this�7._day of
I�1 L S7-ll�L 19
Not 'y u 1 c 1 - COMM ission Expires:
OFFIOAL NOIA L
RUOYE EWNGTON
NOTARY PUBLIC sFATE OF nmmA
TO BE COMPLETED BY OFFICE STAFF ONLY
MATERIALS INCLUDED
Plans
Survey Sketches
List of Fee
Adjacent Property Owners --�-
THIS FORM TO BE FILED WITH THE CITY OF DANIA'S GROWTH MANAGEMENT
DEPARTMENT.
ACCEPTED By:
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m mil' F F Lot 11. Block 3I. THE TOWN OF MODELO,
° I according to the plat thereof retarded In Plot
Book B. Pogo 49, of the Pub re lic cords of
III ee Dade County, Florida.; Said lands situate, lying
and Doing In Eroword County, Florida.
Lese the following:
III awe euvt I Bening of The Southwest corner of said Lot 11.
rI ' I Raole run'Northeasterly along the West line of Lot 11 a
c.Sk WAL II lLLV. aN I wlee S dWonce of 5.00 feel; thence, run Ecategy 107.79
Of Re 64,6'E. +. I ' II o feet„ more or less, to 0 point on the Call Ilne of
-' Lot II located 2.00 feel North of the Southeast
it qd corner thereof: !hence, run Souther 2.00 feel to
g a I the Southeast corner of Lot 11, thence. run Westerly
v 109.50 feel to the Point of Beginning.
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Community Development Division
a = 201 S. Andrews Avenue, 2nd Floor
BROWARD COUNTY Fort Lauderdale, FL 33301
B (954) 765-4910 • FAX 765-4919/765-4914
January 4, 1999
Michael Smith, City Manager
City of Dania
100 West Dania Beach Boulevard
Dania, Florida 33004
RE: Totis Edison
226 North West 8th Avenue
Dania, Florida 33004
Dear Mr. Smith:
Mr. Totis Edison has applied for assistance through Broward County's Residential
Redevelopment Program and been determined eligible to receive a Benefit Payment in the
amount of$59,950.00 as owner-occupant of the above referenced property.
The job has been bidded out and the contractor is in place. The contractor has applied for the
building permit, however the permit was not granted because a variance for lot size is needed in
order to rebuild on Mr. Edison's lot.
Mr. Edison does not own another lot,therefore a variance for lot size is being requested.
Additionally,the City of Dania is being asked to waive all fees for the variance. The homeowner
is an elderly man living on a fixed income and cannot afford to pay the fees. Granting the
variance will allow Broward County Community Development Division to continue with this
project, therefore adding another new house to the City's housing stock, and Mr. Edison will
have a home that complies with all zoning codes and requirements.
If additional information is needed,please contact Rubye Ellington at 765-4910 ext. 234.
Sincerely,
Ray Lubomski,Director
Community Development Division
RL/rpe
cc: Bettie J. Dale
Jim Yaboni
Carlos Suarez
Homeowner's file
BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS—An Equal Opportunity Employer and Provider of Services
Norman Abramowitz Scan I Cowan Suzanne N.GunzbUraer Kristin D.Jacobs Ilene Lieberman Lori Nance Parrish John E.Rods Tom.Jr,
Visit us on the Internet www.co.aroward.fLus/planning
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RESOLUTION NO. 105-97
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THAT
CERTAIN MEMORANDUM OF UNDERSTANDING BETWEEN BROWARD
COUNTY AND THE CITY OF DANIA RELATING TO THE RESIDENTIAL
REHABILITATION AND REPLACEMENT PROGRAM; AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA:
Section 1. That that certain Memorandum of Understanding between Broward County
and the City of Dania relating to the Residential Rehabilitation and Replacement Program, a
copy of which is attached hereto as Exhibit"A", be and the same is hereby approved, and the
appropriate city officials are hereby directed to execute same.
Section 2. That all resolutions or parts of resolutions in conflict herewith be and the same
are hereby 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 22 day of July 1997.
AT7ST:
MAYOR-COMMISSIONER
'
C CL AUDITOR
APPROVED AS TO FO AND CORRECTNESS:
By:--Aja4 C
CITY ATTORNEY
RESOLUTION NO. 105-97
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MEMORANDUM OF UNDERSTANDING
BETWEEN
BROWARD COUNTY
AND
CITY OF DANIA
WITNESSETH
WHEREAS, THE BROWARD COUNTY COMMUNITY DEVELOPMENT DIVISION has a
Program in the City of Dania referred to as the Residential Rehabilitation and Replacement Progran
which intends to address substandard housing conditions, eliminate and prevent slum and blight an
provide basic infrastructure improvements within designated areas of the City; and
WHEREAS, the Board of County Commissioners approved the Annual Plan of the Communi
Development Division which included the allocation of funds for the Residential Rehabilitation and
Replacement Program to certain areas within Broward County; and
WHEREAS, the City of Dania is a municipal corporation located in Broward County that has
demonstrated a desire to address substandard housing conditions and neighborhood decay in their
municipal jurisdiction and has further demonstrated an interest in developing a partnership with
Broward County to eliminate said slum and blight and providing housing opportunities to their citizer
NOW, THEREFORE, be it resolved that the City of Dania hereby affirms that it understands
and agrees to the stated provisions and conditions relative to participating in the Residential
Rehabilitation and Replacement Program.
Based on the annual plan adopted by the Board of County Commissioners and as outlined in
the prospectus prepared by the Community Development Division of Broward County, the process c
implementing the Residential Rehabilitation and Replacement Program shall be as follows:
=XHIBI i "
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SECTION I
1• The Broward County Community Development Division Office of Housing Development agre
to concentrate marketing efforts in the designated areas to advise and counsel homeowners
on housing programs and opportunities available to them.
2. The Broward County Community Development Division, Office of Housing Development, plat
to provide low interest loans to eligible homeowners to substantially rehabilitate their dwelling
to bring the unit into compliance with the Broward County Minimum Housing Code.
3. The Broward County Community Development Division, Office of Housing Development, will
provide reasonable relocation assistance to homeowners whose homes are in such condition
that substantial rehabilitation is not feasible. Assistance will be in t ryhe form of tempora
relocation, demolition of the existing structure and through a benefit payment, construct a nev dwelling.
4. The Broward County Community Development Division, Office of Housing Development, will
offer and coordinate all its existing and planned programs throughout the City to improve the
living conditions of persons residing in that area in an effort to reverse the deterioration that tt
neighborhoods are now experiencing.
5. The Broward County Community Development Division plans to expend funds throughout the
City based on current applicable State, County and Federal eligibility guidelines.
SECTION II
1 The City of Dania agrees to provide assistance from the various municipal departments such
as Building and Zoning, Planning, Growth Management, Legal and others in support of the
Project and shall provide needed expertise to carry out assigned tasks.
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2. The City of Dania agrees to provide assistance to expedite matters pertaining to variances,
building permits, demolition permits, neighborhood standard reviews, etc., in an effort to
implement programs and projects in a timely manner to avoid hardships that homeowners
might encounter.
3. The City of Dania to waive any and all fees related to variances, building permits, demolition
permits, and other such fees to the extent allowable within relevant codes and ordinances to
lower the cost of service delivery and the total amount of such fees will be used as the local
cash or in-kind match for block grant funds. Acreage and unit fees for water/sewer charges
and sewer service charges will not be waived and is required on all new construction
dwellings.
WITNESSES: CITY
CITY OF DANIA
BY
MAYOR-COMMISSIONER
30 D FkR '
1997
ATTEST:
BY
7 CITY A
CITY CLERK-AUDITOR
(corporate seal) APPROVED AS TO FORM AND CORRECTNESS:
by C L
CITY ATTORNEY
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Re:Classified Ad Form
Subject: Re: Classified Ad Form
Date: Thu, 14 Jan 1999 17:34:36-0600
From: ss legal_classified@tribune.com
To: lulu@ci.dania.fl.us (LOU ANN CUNNINGHAM)
Ad processed. 128 lines, Cost 220.88, 1/16. Will send the affidavit
Subject: Classified Ad Form Reply Separator
Author: lulu@ci.dania.fl.us (LOU ANN CUNNINGHAM) at Internet TCO
Date; 2/13/1999 12:06 PM _
Submitted by (lulu@ci.dania.fl.us) on Wednesday, January 13, 1999 at 12:06:22
from http://www.Sun-sentinel com/services/adfinel htm#Here's the form.
Phone Number : 9549218700
Daytime Phone Number 9549218700
Company or Person billed CITY OF DANIA BEACH
Person placing ad
Address
City 100 WEST DANIA BEACH BLVD.
State DANIA BEACH
Zip Code FL
Classification 33009
Publication : C
Start Day/ Days running 01/16/99, lx
Credit Card Number
CC Expiration ; 0199
Name as it appears on your CC:
E-mail Address lulu@ci.dania.fl.us
Additional Comments I will need a notarized
placed. Thanks copy of the ad when
. : Body Text : .
NOTICE OF PUBLIC HEARING BEFORE
THE CITY COMMISSION
OF THE CITY OF DANIA BEACH, FLORIDA
REGARDING THE FOLLOWING
VARIANCE REQUEST
NOTICE IS HEREBY GIVEN the City of Dania Beach City Commission on January 26,
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 request for variance:
Petition No. VA-10-99 - The request of Rubye Ellington of the Broward County
Community Development Corporation on behalf of the property owner Totis Edison
for a variance from the minimum lot area requirements of the schedule of lot,
yard and bulk regulations of the zoning code. The request is to construct a
single family residence at 226 NW 8 Avenue to replace the existing house. The
property is located within an RD-6000 zoning district. A minimum lot width of
60 feet is required and a lot area of 6,000 sq. ft.district. is required in the RD-6000
The property is legally described as: Lot 11, Block 31, The Town of Modelo,
according to the plat thereof recorded in Plat Book B, Page 49, of the public
records of Dade County, Florida; Said lands situate, lying and being in Broward
County, Florida. Less the following: Beginning at the Southwest corner of said
Lot 11, run Northeasterly along the West line of Lot 11 a distance of 5.00 feet;
loft
1/15/99 8:57 P
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Re:Classified Ad Form
/ thence, run Easterly 107.79 feet, more or less, to a point on the East line of
Lot 11 located 2.00 feet North of the Southeast corner thereof; thence, run
Southerly 2.00 feet to the Southeast corner of Lot 11,
ly
108.50 feet to the point of beginning.
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 33004, (954)
921-8700 ext. 202, at least 72 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
Planning Technician
. : End Body Text : .
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1/15/99 8:57
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NOTICE OF PUBLIC HEARING BEFORE
THE CITY COMMISSION
OF THE CITY OF DANIA BEACH, FLORIDA
REGARDING THE FOLLOWING
VARIANCE REQUEST
NOTICE IS HEREBY GIVEN the City of Dania Beach City Commission on January 26, at 7:30 p.m.
or as soon thereafter as the matter may be heard, will conduct a public hearing in the Cib
Commission Meeting Room of the Dania Beach City Hall, 100 West Dania Beach Boulevard, Dani<
Beach, Florida, to consider the following proposed request fog variance:
Petition No. VA-10-99 — The request of Rubye Ellington of the Broward County Communib
Development Corporation on behalf of the property owner Totis Edison for a variance from thr
minimum lot area requirements of the schedule of lot, yard and bulk regulations of the zoning code
The request is to construct a single family residence at 226 NW 8 Avenue to replace the existint
house. The property is located within an RD-6000 zoning district. A minimum lot width of 60 feet is
required and a lot area of 6,000 sq. ft. is required in the RD-6000 district.
The property is legally described as: Lot 11, Block 31, The Town of Modelo, according to the pla
thereof recorded in Plat Book B, Page 49, of the public records of Dade County, Florida; Said land:
situate, lying and being in Broward County, Florida. Less the following: Beginning at the Southwes
comer of said Lot 11, run Northeasterly along the West line of Lot 11 a distance of 5.00 feet; thence
run Easterly 107.79 feet, more or less, to a point on the East line of Lot 11 located 2.00 feet North o
the Southeast comer thereof;.thence, run Southerly 2.00 feet to the Southeast comer of Lot 11
thence run Westerly 108.50 feet to the point of beginning.
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 t(
the proposed petition.
In accordance with the Americans With Disabilities Act, persons needing assistance to participate ii
any of these proceedings should contact Marie Jabalee, City Clerk, 100 W. Dania Beach Blvd, Dani;
Beach, FL 33004, (954) 921-8700 ext. 202, at least 72 hours prior to meeting.
Any person who decides to appeal any decision made by the City Commission with regard to an
matter considered at this meeting or hearing will need a record of the proceedings, and for suci
purpose may need to ensure that a verbatim record of the proceedings is made which recon
includes the testimony and evidence upon which the appeal is to be based.
Lou Ann Cunningham Location map
Planning Technician on back --+
PHN va40-99 EOISON COMM OEVEL.a
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AGENDA REQUEST FORM
CITY OF DANIA 3 .
Date: 01-21-99 Agenda Item#:
Title:
VA-10-99 TOTIS EDISON VARIANCE REQUEST
Requested Action:
Public Hearing for a variance approval request by Rubye Ellington of the Broward County
Community Development Division to demolish and rebuild a single family home located within
Dania Beach's Target Area at 226 NW 8th Ave., Dania Beach.
Summary Explanation&Background:
The property at 226 NW 8th Ave.,will be demolished and proposed to be rebuilt on a lot which
does not meet the minimum width requirements. The variance request is for approximately 3'
from the 50'width requirement in the front and under 1 foot width in the rear.
Exhibits(List):
Memorandum from Terry L.Virta,AICP, Growth Management Director
Variance Application
Survey
Resolution No. 105-97 relating to the Residential Rehabilitation and Replacement Program
between Broward County Community Development Division and the City of Dania(Beach).
Public Hearing Notice
Location Map
Prepared By:
Terry L.Virta, AICP—Growth Management Director
Source of Additional Information: (Name&Phone)
Rubye Ellington, Broward County Community Development Division—765-4910
Recommended for Approval By:
Staff—as per Chapter 28,Article 10.14 which states that-except that variances for lot
frontage and lot size for property located within the officially designated community
development block grant redevelopment target area shall be heard directly by the City
Commission.
City Manager City Clerk
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MEMORANDUM
TO: Michael W. Smith, City Manager
FROM: Terry L. Virta, AICP
Growth Management Director
RE: Va-10-99 Totis Edison Variance Request
Date: January 20, 1999
The Broward County Community Development Division has applied for a
variance from the City in behalf of Mr. Totis Edison. Mr. Edison owns a nonconforming
structure located at 226 NW 8ih Avenue. The Community Development Division
proposes to tear down Mr. Edison's existing structure and replace it with a brand new
home.
The lot that Mr. Edison's home is located is just under 50 feet in width which
makes the structure nonconforming. The rear of the lot is 49.85 feet in width and the
front is 46.82 feet. The City Code requires a minimum of 50 feet. The Community
Development Division will rebuild the home to meet all setback requirements of the
City's Zoning Ordinance. Therefor, if approved the new structure will be fully
conforming in all respects except for lot width. Staff recommends that the City
Commission approve this request.
The City and County have a Memorandum of Understanding whereby such
requests are brought directly to the City Commission. To expedite the processing of
these requests the Planning and Zoning Board are not consulted. Also this same
agreement provides that all fees will be waived.
Oamenl
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