HomeMy WebLinkAboutR-1999-075 75mmej
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RESOLUTION NO. 75-99
A RESOLUTION APPROVING A VARIANCE REQUEST BY JOHN
GRENIOR, OWNER OF PROPERTY LOCATED AT THE INTERSECTION
OF SE PARK STREET AND SE 2ND AVENUE, DANIA BEACH, FROM
CHAPTER 28 ZONING,ARTICLE 4.202, SCHEDULE OF LOT,YARD AND
BULK REGULATIONS; 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PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO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, the Dania Beach Code of Ordinances Chapter 28 Zoning,Article 4.202,
Schedule of lot, yard and bulk regulations sets the set back and area requirements for the
RM (Residential Multifamily) zoning district; and
WHEREAS, John Grenior, owner of property located at the intersection of SE Park
Street and SE 2n0 Avenue, Dania Beach, has applied for a variance (VA-02-99) which
would allow him to construct 3 single family homes on 3 lots using less than the required
side street setback, lot width and lot area; and
WHEREAS, the Planning &Zoning Board on April 21, 1999, recommended that the
City Commission grant variance request VA-02-99 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:
Section 1. That that certain application VA-02-99, for variances from Chapter 28
Zoning, Article 4.202, 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" be and the same is hereby approved, and the appropriate city officials are hereby
1 RESOLUTION NO. 75-99
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directed to execute same.
Section 2 . That all resolutions or parts of resolutions in conflict with this resolution
0
are repealed to the extent of such conflict.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 27T" D;;o;_
RI 9.�
COMMISSIONER
ATT T: ROLL CALL:
MAYOR BERTINO -YES
SHERY CHAPMA VICE-MAYOR McELYEA -NO
ACTING CITY CLERK COMMISSIONER CALI - YES
COMMISSIONER ETLING -YES
COMMISSIONER MIKES — NO
APPROVED AS TO FORM AND CORRECTNESS:
By:
/7) , Nk —
THO AS S. ANSBRO
CITY ATTORNEY
2 RESOLUTION NO. 75-99
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AGENDA REQUEST FORM
CITY OF DANIA
Date: 04/21/99 Agenda Item#: r
Title:
VA-02-99-VARIANCE REQUEST BY JOHN GRENIOR/DANIA HOMES, INC.
Requested Action:
VARIANCE REQUEST IN CONJUNCTION WITH THE CONSTRUCTION OF 3 SINGLE FAMILY
HOMES ON 3 LOTS ZONED RESIDENTIAL MULTIFAMILY.
Summary Explanation&Background:
MR.GRENIOR IS REQUESTING A VARIANCE FROM CHAPTER 28 ZONING, ARTICLE 4.202,
SCHEDULE OF LOT, YARD AND BULK REGULATIONS REGARDING SET BACK AND AREA
REQUIREMENTS IN CONJUCTION WITH THE CONSTRUCTION OF 3 PROPOSED SINGLE
FAMILY HOMES ON 3 UNDERSIZED LOTS.
Exhibits (List):
MEMORANDUM FROM TERRY L. VIRTA, AICP GROWTH MANAGEMENT DIRECTOR
RESOLUTION
APPLICATION
LOCATION MAP
PRELIMINARY PLANS
Prepared By:
TERRY L. VIRTA, AICP GROWTH MANAGEMENT DIRECTOR
Source of Additional Information: (Name&Phone)
Recommended for Approval By:
PLANNING AND ZONING BOARD ON FEBRUARY 17, 1999
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
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MEMORANDUM
TO: Michael W. Smith, City Manager
FROM: Terry L. Virta, AICP
Growth Management Director
RE: VA-02-99 Dania Homes
Date: April22, 1999
The applicant owns three lots on the southeast corner of the intersection of SE 2Id
Avenue and Park Street. The lots are zoned RM and are 6,307 square feet, 5,712 square
feet and 5,712 square feet respectively. The applicant is seeking approval of variances in
order to build a total of three single-family houses on the three lots.
The Zoning Code requires that a lot have 10,000 square feet at a minimum in order
to build a house on a RM zoned lot. The Zoning Code further provides that in order to build
a house a lot has to be a minimum of seventy-five feet wide. The largest of the lots is 53
feet in width and the other two are 48 feet wide.
The City Commission will remember that you rejected the petitioner's earlier request
for variance to construct two duplexes. At that time you indicated to the petitioner that you
believed that he should construct single family residences on the property. The lots are all
existing nonconforming parcels so that even the construction of single family residences
requires variances. The applicant could construct four to five multifamily units without any
approvals other than site plan. You have indicated that as of this time you are encouraging
the development of single family residences as an attempt to foster home ownership. This
request appears to meet the spirit of that policy.
RECOMMENDATION
Staff supports that a finding of hardship be found on this request. The Planning and
Zoning Board, as a result of their Hearing makes a similar finding, and would like to
express to the Commission that Mr. Grenior should be commended on his attempts to
comply with the code and with the City's wishes. They recommend that you approve this
application as currently submitted.
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S U N E N T I N E L
PUBLISHED DAILY NOTICE OF PUBLIC HEARING
FORT LAUDERDALE, BROWARD COUNTYi, FLORIDA D BEFOB EETHEACH, CIIONICAMMISSION OF THE CITY
ANIA 90CA RATONi PALM BEACH COUNTY, FLORIDA REGARDING THE FOLLOWINGNOTICE IS HEREBY GIVEN the City of pDania Beach
MIAMIi DRDE COUNTYi FLORIDA thereafter as as the matter may9 be hearrd,'w16°coaul
Public hearings In the Cltr Commission Meeting Room
he Dania Beach City Hall 100 West Dania Beach Bou
STATE OF FLORIDA vard Dania Beach, Florida. to consider the followi
petitions:
COUNTY OF BROWARD/PALM BEACH/DADE VA-02-99-Request by John GronlerrepresentinnDo,
Homes,Inc.for roperiros located In the 200 block of
Park ances la
BEFORE �FJE Z�,"ID
AUTHORITY PERSONALLY APPEAChapter28 Zoning Artile4 DBeach istrict Repda,for aations-Schc
ule of Lot,Yard and'Bulk Regulations per to labs
and area requirements In an RM(Residential Multilami
zoned district.The petitioner wishes to construct 3 Sint
WHO G N OATH $AY S T H A T family homes on 3 separate lots using less than the I
HE HE IS A DULY AUTHORIZED• REPRESENTATIVE OF THE o°trod¢idostreet setback,101 Width and lot area.Lego
ascribed as:Lots 1 2,3,block 3,Dania Beach Subdi
LASSIFIED DEPARTMENT OF THE SUN—SENTINELP DAILY Book a`page°T,of the PublicPecorasofBrowrareCound In ,
NEWSPAPER PUBLISHED IN BROWARD/PALM BEACH/DADE COUCoun(yy Floridaanas situate.lying and being In Browa
PL-14-99 - Hoaauest for proliminary plat approval I
FLORIDA THAT THE ATTACHED COPY OF ADVERTISEMENTF EMIkki L.Hill Denl Assodettsrepresenlin Marto Berner
President of M.B.Construction,for the development of
single lamlly homes on the pro oscd subdivision to I
known as Bernard Village'Plat,P«oxed al SE tOlh Slre
NOTICE OF PUBLIC HEARING and SE 2nd Avenue, Dania Beach,Florida. Laflally d
scribed as:The east 130.00 fact(as measured along 11
south and north lines of the lollowln99 described aroa
I N THE MATTER O F land:thatTownship 51 South RanggSe d2 east desscdbr
as tollcws:Beginning at a point 5091te1 east of the lout
west comer of the North 1/2 of the NW 1/4 of the SE 1/
V A—0 2—9 9 NW 1/4 of the SE 1/44 a distance line
f In fee.more or of
to the westerly n9ghtof-W7line of SE 2nd avenue;then,
run north Slone Ilia westerly nghtof-way line a distance
294 feet-thence run west parallel to the south line of said
IN THE CIRCUIT COURTP WAS PUBLISHED IN SAID N E W S P A 1/2 of the NW 1/4 of the SE 1/4 a distance of 159 far
THE ISSUES OF line of so less.1/2 of the NW 1/4 of of We 509 BE east
distance
294 feet to the point of beginning.Said lands situate
C / O G/161 I If DEAN ORDINANCE OF YHE CITY OF DANIA.FLORID.
APPROVING THE 'BERNARD VILLAGE' PLAT, SUC
AFFIANT FURTHER SAYS THAT THE SAID SUN—SENTINEL I AND PROPERTY
DESCRIBED IN EEXHIBBIT ATMA COPY CI
NEWSPAPER PUBLISHED IN SAID BROWARD/PALM E EACH/DA DTHHEODEIDICATION FOR PUBLIC USE OF ALL STREET:
COUNTYi FLORIDAP AND THAT THE SAID NEWSPAPER HAS F BERNARDVIILLLAGEEPROVIDINYS AS GFORSEVERUCH ABILIT
FURTHER. PROVIDING FOR AN EFFECTIVE DATE.
EEEN CONTINUOUSLY PUBLISHED IN SAID BROWARD/PALM E PL-15-99 - Roa,esl for preliminary plat approval [
COUNTYi FLORIDA. EACH DAY. AND HAS BEEN ENTERED A;Edwag ThomesT Pdo7oorn,,Frosicent,Coon HAoengs,,In Edward
for the development of a warehouse located north of Elk
CLASS MATTER AT THE POST OFFICE IN FORT LAUDER DAL(Drive between Federal Hwy,and S.E.14th Avorluo,Dan,
Beach,Florida,to be known ss the'Coon Holdings'Pla
BROWARD COUNTYi, FLORIDAr FOR A PERIOD OF ONE YEAR ANORDINANCE OF THE CITY OF DANIA,FLORID/
APPROVING THE 'COON HOLDINGS' PLAT SUC
PRECEDING THE FIRST PUBLICATION OF THE ATTACHED CCPROPERTY BEING LOCATEDIN THE CITY 00 DANI
ADVERTISEMENT; AND AFFIANT FURTHER SAYS THAT HE/S HW INCH IS ATTACCHED TO THED IS ORDINANCE.ACCEPTIN
THE DEDICATION FOR PUBLIC USE OF ALL STREET:
NEITHER PAID NOR PROMISED ANY PERSONi FIRM OR C OR F HIGHWAYS ANDALLEYS AS SHOWN ON SUCH PLATO
ANY DI COU NTe REBA 7Ei COMMISSION GR REFUND FOR TH fFURTHERR, PROVIDING PROVIDING
EFFECTIVE DATE
That pportion of the east half(E 1/2)of the southea.
OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN quarter`SE1/4 ollhe northwest quarter(NW 1141 of It
NEWSPAPER. southwest Itty�((Sw1th. range 9ctio�twtryV2) eas
townshl h I 0 south, ran o to
Brower County,F wide, Irly tw i as follows:north of
at a polnl one hundrea NmY two(E lath a so ll a t.
southeast corner of Ihn east hall E 1 0l the 14)a(It
qua.uth (SE W 1of/4 of
wMlionwestVua or(NW 50 of 0
• ..... ..........• Iaange 42 east 1r t a lion of 23, township 50 stall
XGNATURE
range 42 arts' lot the oolnl of beglnnln ; thence norI
(along the east line of So d northwest quarPer ofthesoutl
OF AFFIANT) westquarter one hundred lifty(150)lea t(tothesouthea:
corner of'CRI Plat No.2' eaortlIn99 to lheplatthereaLS
recorded In plat book 16 ,pa °12,of the public record
SWORN TO AND SUBSCRIBED BEFORE ME ofsetted Co 1. Florlde);Then<e south
Stanthe lout
insetted C,B.I.I a n );Thence south alon I;I lee
lost three west line one an fit (156)lest;!bent
THIS 16 DAY O F A P R I L east brae hundred lnlny(330)1ee1 to a. of bepinuin'
Said lands elluetI In the Cltyy o1 Oanla.I I. .I Count;
A.D. 1999 Florida,and coma nine 49,693 square feel, 1.14t acre
mare Copies
less.
. ... nia Beach Bpd, Da pa Beach arlandsable etwer view
• Ing In the Growth Manappemenl Department, 100 We:
_ _ Dania Beach Blvd., Danre Beach Florida between in
hours o18:00 a.m.and 4:00 p.m.,Monday-Friday.Intei
(SIGNATURE OF esled parties may appear at the public hearing and Is
heard with respect ,o the proposed��ppeeOU°n.
('v"'.\'A$TRK;KLAND In accordance with the AmerPcans Wlth DIeS011ltles Ac
persons needing assistance to participate In anY of thers
N,1, �, .::11C-Slate Of Florida pproco°ing should contact Marie Jabafee,Clry Clark,l0
(. :10 Expires Ju124.2000 W.Oanla beach Blvd,Dania Beach,FL 33004,(954)92I
My 8700 ext.202. el least 72 hours dor to meeting.
C;.. . lion 0 CC 571307 Any person who dxides to appoaPany tleUslon made b
the City Commission with refINto any matter considare
_ at this meelina or hearing will need a record of the prc
(NAME• OF•NOT AR , i• •ED OR $TAMPED) tcedings,and or such purpose may need toensurtthat
verbatim record of the proceedings Is made which reoor
Includes the testimony and evidence upon which the at
peal Is to be based.
PERSONALLY KNOWN .... .... .. ........ . OR Lou Ann Cunningham
ApPrlt,ninq Technician/Administrative Asst.
999
PRODUCED IDENTIFICATION . .... . .. .. .. . .... 1
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AMERICAN MICRO-IMAGE
6954 N.W. 12 STREET, MIAM1, FLORIDA 33126
305-477-9149 . 800-287-4799 • FAX 305-477-7526
PEE L[ ZER
I s
a photocopy in poor
condition
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NOTICE OF PUBLIC HEARING BEFORE
THE PLANNING AND ZONING BOARD
AND THE CITY COMMISSION
OF THE CITY OF DANIA BEACH, FLORIDA
REGARDING THE FOLLOWING
VARIANCE REQUEST
NOTICE IS HEREBY GIVEN the City of Dania Beach Planning and Zoning Board on February 17, 1999, at
7:30 p.m., and the City Commission on March 23. 1999 at 7:30 p.m., or as soon thereafter as the matter may
be heard, will conduct a public hearings 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-02-99 — Request by John Grenier representing Dania Homes, Inc. for properties located it
the 200 block of SE Park Street in Dania Beach Florida, for a variances from Chapter 28, Zoning, Article 4
District Regulations—Schedule of Lot, Yard and Bulk Regulations pertaining to setback and area requirements
in an RM (Residential Multifamily) zoned district. The petitioner wishes to construct 2 duplexes on 3 separate
lots using less than the required side street setback, lot width and lot area on lots 1, 2 and 3.
The properties are legally described as: Lots 1. 2. 3, block 3. Dania Beach Subdivision, according to the Plat thereof
as recorded in Plat Book 8, Page 1, of the Public Records of Browarad County, Florida. Said lands situate, lying and beinc
in Broward County Florida.
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 o.
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 mattei
considered at this meeting or hearing will need a record of the proceedings, and for such purpose may need tc
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 Location map on back
Planning Technician
Administrative Asst.
Phn VAd2.99 Dania Home
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6) SP-64-98
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING THE SITE PLAN REQUEST SUBMITTED BY JOHN
GLARENTZOS, FOR PROPERTY COMMONLY KNOWN AS JOHNS
AMOCO, LOCATED AT 1554 SOUTH FEDERAL HWY., DANIA
BEACH; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE
REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE."
MOTION PASSED UNANIMOUSLY CONTINUING VA-63-98 AND SP-64-98 TO
APRIL 13, 1999 REGULAR MEETING SO THAT PETITIONER CAN WORK WITH
STAFF AND MAINSTREET MANAGER PRIOR TO MEETING TO RESOLVE
CONCERNS RELATING TO MAINTAINING CITY'S DESIGN GUIDELINES.
3.3 VA-02-99 — A variance request by John Grenior, Dania Homes, Inc., for the
construction of two duplexes on three (3) lots zoned Residential Multi-Family in
location of the southeast corner of the intersection of SE 2n' Avenue and Park
Street.
"A RESOLUTION APPROVING A VARIANCE REQUEST BY JOHN GRENIOR,
OWNER OF PROPERTY LOCATED AT THE INTERSECTION OF SE PARK
STREET AND SE 2No AVENUE, DANIA BEACH, FROM CHAPTER 28
ZONING, ARTICLE 4.202, SCHEDULE OF LOT, YARD AND BULK
REGULATIONS; 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."
MOTION ADOPTING RESOLUTION FAILED ON THE FOLLOWING 2I3 ROLL CALL
VOTE.
Commissioner Cali—yes Commissioner Etling-yes
Commissioner Mikes—no Vice-Mayor McElyea—no
Mayor Bertino-no
3.4 a) VC-12.99—Request by Design Center of the Americas LTD, PTR. For
vacation of a portion of NW 2ntl Street, which abuts the south end of Parcel A of
the Design Center of the Americas Plat. (PB 119-Pg 32);
"A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA.
FLORIDA, VACATING CERTAIN PORTIONS OF STREET RIGHTS-OF-WAY
LEGALLY DESCRIBED AS: A PORTION OF "DESIGN CENTER OF THE
AMERICAS", ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 119, PAGE 32. OF THE PUBLIC RECORDS OF BROWARD
COUNTY. FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTHERLY 35.00 FEET OF SAID PLAT OF "DESIGN CENTER OF
THE AMERICAS". ALSO KNOWN AS RIGHT-OF-WAY DEDICATION
PARCEL. SAID LANDS LYING IN THE CITY OF DANIA, BROWARD
COUNTY, FLORIDA CONTAINING 19963 SQUARE FEET. (0,4583 ACRE)
MORE OR LESS; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED
MINUTES SUMMARY
CITY OF DANIA BEACH 4 MARCH 23, 1999
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