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Home My WebLink AboutR-1999-093 � 3 - � � r, T _t RESOLUTION NO. 93-99 A RESOLUTION APPROVING THE VARIANCE REQUEST BY CARMELA ZITO, FROM CHAPTER 28, ZONING, ARTICLE 4, DISTRICT REGULATIONS, SCHEDULE OF LOT, YARD AND BULK REGULATIONS FOR THE RS-6000 ZONING DISTRICT, FOR PROPERTY LOCATED AT 845 NW 10T"AVE., DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.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, the Dania Beach Code of Ordinances Chapter 28 Zoning, Article 4, District Regulations, Schedule of Lot, Yard and Bulk Regulations sets the set back requirements for the RS-6000 zoning district; and WHEREAS, Carmela Zito, 845 NW 10"Ave., Dania Beach, has applied for a variance (VA- 16-99) to allow a shed to be placed on an existing slab which is 6.9 feet from the rear, where 15 feet are required and 4 feet from the south side, where 7 feet are required; and WHEREAS, the Planning &Zoning Board on April 21, 1999, recommended that the City Commission grant variance request VA-16-99 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-16-99, 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" be and the same is hereby approved, and the appropriate city officials are hereby directed to execute same. Section 2. That petitioner, Carmela M. Zito, agrees to add shrubbery around at least 50% of the shed structure to hide the view from the roadway as a condition to the variance approval. Section 3 . That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. I RESOLUTION NO 93 -99 f r 7 I Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. I PASSED AND ADOPTED THIS I ITH DAY OF MAY, 1 v M R —COM SSIONER ATTE$T, ROLL CALL: ��'�� `� ---- MAYOR BERTINO - YES SHERYL C APMAN �— VICE-MAYOR McELYEA-YES ACTING CITY CLERK COMMISSIONER CALI -YES COMMISSIONER ETLING -YES COMMISSIONER MIKES—YES APPROVED AS TO FORM AND CORRECTNESS: By: Ti0 AS . ANSBRO CITY ATTORNEY Z RESOLUTION NO 93-99 r r CITY OF DANIA 100 WEST DANIA BEACH BOULEVARD DANIA, FLORIDA 33004 305/921-8700 APPLICATION NUMBER DATE FILED oL.7/ �7 APPLICATION FOR VARIANCE _�*77— The undersigned petitions the City Commission of the City of Dania, Florida to consider the variance of the parcel(s) of land described in this application. //��rr NAME OF APPLICANT:- j7 �/=/L'LF ADDRESS OF APPLICANT: pySj(/ /Z/ /Qf-d ,41�C PHONE: PROPERTY INTEREST OF APPLICANT: NAME AND ADDRESS OF PROPERTY OWNER (IF NOT THE APPLICANT): ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: at 2 e) , /�/!! / ' D/�A/i 4 GS f HTGS a P,L �r�/3ao/C s� atAt �� o �t�_��..,.o ZONING CLASSIFICATION: GCS 1007b LOT SIZE: 6j AREA: PRESENT USE: S EtL DESCRIPTION OF THE VARIANCES) REQUESTED: SIDE S('� �Oacl�c � r onnre for 81 ' m Ala feof (,, 5f4 46M (/err Pryl,Nc b ;fnm S" np 4-S q / f-rom Sou+t'+ S:02 LIST THE NAMES AND ADDRESS OF ANY EXPERTS (PLANNER, ARCHITECT, ATTORNEY, ECT. IF ANY): S ': 4.a& 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 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. 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. a 5' C Q or g4 0Ie (" ( L' A" c r hcusc „ r\ a+ Nnr 4A toe c/j (meal � ' a nc� Scrreapc� :A) rch e -r Provide evidence that the special conditions and circumstances do not result from the actions of the applicant. U C C11Lt SF r� hc M'2 4�S 1, Cc I E /��K..0 II'� rth � n C'�I cfa r7G r �Pnlf( f&1 Cl�ec� � n �Px�S�inc SI,-1 � 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. S 1 .16 .S�/ec/ 7/iQ>` CUci5 f"`Iecc "i v films %/ n� c L S",� � �o /Y�o not 4. Provide evidence that the Literal interpretaion 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. Reloca1,' an d "p Shy Wd1)1C� (P 0Iff u �x S� lvr� e�U�v P \ Cr SCan ,'JV Lvov\r) hckJP Remu,.e c n' c, -1 5. Describe how the requested variance is the minimum �i ceot ha� will make possible the reasonable use of the land, building or structure. 1_ - _ ,� pp (Y10.1 WYQ (( 7Cl$ i f�C � S 1C Qq (0- cl r ��y rn Q2a f a nd 4 I C(dm Sl Ole 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 variances) will not be injurious to the area involved or other- wise detrimental to the public tnc-�4 welfare. 1 (24er S In r1 (ea ( kfeC�14 C6A -6ces an L. Pcop00 \Ir e C 7. Please add any other comments which may assist the City Commission and the Planning and Zoning Board in reviewing this request. r TLiiS �5/�t`O rip/ ctcLd Qn o/d 1, had i `i h ��a o do tl7 .S The to i3 urcha ,/ -J� ✓J n -f-�,f ,5" dL4 ,J .�NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF THE DANIA CITY COMMISSION. �• SILO Signature of Peitione7 Sworn to and subscribed before me this /6Y of �nw 199� Commission Expires: Not ry Bti E / J Al CHARLES C.DONISI ¢� gp MMMISSIONOCC471419 J ExnRESJUN12 u1999 ATIANnt 90N019r,Ce,9;- f r. r FOR USE WHEN PETITIONER IS NOT OWNER OF SUBJECT PROPERTY: THIS IS TO CERTIFY THAT I AM THE OWNER OF THE SUBJECT LANDS DESCRIBED ABOVE IN THE PETITION FOR VARIANCE AND THAT I HAVE AUTHORIZED AFORESAID PETITION FOR VARIANCE. TO MAKE AND FILE THE Signature of Owner Street Address, City, State 5 Zip Telephone Sworn tAgdsubs cribed before me thisDONISI ��_day of bF-,-C 19�AC. ibedx MCC '11419 17'18�9 Commission Expires: MIC 90NDINGCO..INC. 6 ./ �/ 9 9,9 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: i- I 4 a�- -r _�+02TLI IIJC GF 'SEGTIou �44 IJ.W. 10 a ST, I C0 11 D EGE OF PAVE.V1Ei.1T-� i � �I i > r�. W ag L�''� i W J _ � I STo2Y p 0 L ux Crams v w l sT ) • �7 5�.d IL � �� I I.Q- nisi , I -- - :'E accve =Kato of survey c' the property aescri Jed c._ .•.,.a an:'c.rrsct to the cest of our knowl P.acE and relief as rscentlyeurveyea :'j uo; e-so that t^.ere are ^o above ground ercrcachnert uni£s= _ncwr. trereon. 1 BROOME AND FARINA ?y : -ann A. Farina Reg. Land Eurv. No. '5E4 State of Florice 'WE HEREBY CERTIFY: That the above skitch was revised this 21 day of April, 19?2 to snow the building under construction thereon. BROGME ANO F.AFIAA a A. Farms R Land Surv. No, 1564 tate of Florida L s r, n M PR.M N yp. IO TN S I . I 1 C , 4, , �- --- LEuAL OCSC�IMON Lot 20 , Black 1, AN'A ESTATES according to the plat thereof, a= retarded in Flat gook 57, et -age 46, of the Public Retards of 3rowera County, Florice. Llj �• I cr— `----- FIR Rev-cud Bunters I =I ;I .L Si 126 E. Federal Highl:,ay O Dania, Florida N i- -- — I BR0GME AND FARINA eau•._ �� _ Enginears 3 Surveyors Dania, Florida 33004 NW 8T4 S 7 = GATE. March, 1972 PROJECT NUMBER 7117 I ' I i r- NOTICE OF PUBLIC HEARING BEFORE THE PLANNING AND ZONING BOARD AND THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA NOTICE IS HEREBY GIVEN that the Planning and Zoning Board on April 21, 1999 at TW p.m., and the City Commission on May 11, 1999 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 Blvd., Dania Beach, Florida, to consider the following request for variance. Petition No. VA-16-99—Variance request by Carmela M. Zito, 845 NW 101h Ave., Dania Beach from Chapter 28, Zoning, Article 4.District Regulations, Schedule of Lot, Yard and Bulk Regulations for the RS-6000 zoning district, City of Dania Beach. Mrs. Zito would like a variance for a shed to be placed on an existing slab which is 6.9 feet from the rear (15 feet required) and 4 feet from the south side (7 feet required.) Property is legally described as: Lot 20, Blk 1 "Dania Estates" accroding to the Plat thereof as recorded in Plat Book 57, at page 46 of the public records of 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 of these proceedings should contact Mane 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 based. Lou Ann Cunningham Planning Technician 1 VA-16-99-Canela Zito r �S i 28 11 I U01 x / l B 3Q 4 I „ 'IS 13E ]A ' `� DA TS g41S ,¢ ME LEU A e G DEN E . :I-7 17 � : e i :129 201 � q ms �'• : ' y/°to 81 9 /0e t 2 V W. 6 .5 . k go AA B� / do /°° 1°y V ii IQ o y/• S 02 ^179-91j T. Sn Q) J• C F : 3 : I Y , f ° � ° 7t/. 9 '� �Q' v7s ° • � � Q . 64 7 7 4 • ' S /o / /o ro /9 4 . ANDERSON'S SUB(34-4(D) D .nAtINA a11. Q F/N AIUM b 3ar -.. WATERWAY ��I P[R[QL A/, . p MARINA(129-IC ' II02�8) • - I!( 18 21 w V B i4 d 3 l A H LT I: •Z`� IS' a I v / . S / Zoy Z / �6 / O / g41 G S !4_ G -0EN i / G ?L/iV ° to ,� e - (29 20) BLK ,1-7 ;� 6 .. .9 . \B10 AP r .c 0012 "• t' �y/alo , ot A IF oGl Q Jd � 66 7 ., 7 4 / 7- S ( ANDERSON S SUB(34-40) , Ci1WWAY , D (se•Q a �,. Tw. �j PucBt A„ WATERWAY ou ( A MARINA(I29-IC y (121-19) PIA _ c 1_ r NOTICE OF PUBLIC HEARING BEFORE / THE PLANNING AND ZONING BOARD AND THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA NOTICE IS HEREBY GIVEN that the Planning and Zoning Board on April 21, 1999 at 7:30 P.m., and the City Commission on May 11, 1999 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 Blvd., Dania Beach, Florida, to consider the following request for variance. Petition No. VA-16-99—Variance request by Carmela M. Zito, 845 NW 10"Ave., Dania Beach from Chapter 28, Zoning, Article 4.District Regulations, Schedule of Lot, Yard and Bulk Regulations for the RS-6000 zoning district, City of Dania Beach. Mrs. Zito would like a variance for a shed to be placed on an existing slab which is 6.9 feet from the rear (15 feet required) and 4 feet from the south side (7 feet required.) Property is legally described as: Lot 20, Blk 1 'Dania Estates" accroding to the Plat thereof as recorded in Plat Book 57, at page 46 of the public records of 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 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 based. Lou Ann Cunningham Planning Technician 1 VA46.99—carmela Zito L I r, r MEMORANDUM TO: Michael W. Smith, City Manager FROM: Terry L. Virta, AICP Growth Management Director RE: VA-16-99 Variance Request—Carmela Zito Date: May 4, 1999 The applicant purchased a home that had a storage shed on a slab in the rear yard. The shed was in disrepair so the applicant sought to replace it. However, the location of the slab does not meet the setback requirements for the district. A variance of 8.1 feet is needed for the rear yard and 3 feet for the side yard if the shed is to remain in the original position. To relocate the shed on the property would require the removal of mature vegetation from the yard. The applicant is not responsible for the present location and is attempting to improve the situation. In addition the rear yard area is very small so that relocating the structure would lessen the functionality of the usable space. RECOMMENDATION Staff believes that the applicant meets the tests necessary to consider a variance. The Planning and Zoning Board recommends that the City Commission approve this petition. ooamome L - f 4--