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HomeMy WebLinkAboutR-1999-135 r -� 6 ��o � ..� r .. 4'=- -r RESOLUTION NO. 135-99 A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY JOHN AND RUTH BARTLEY, OWNERS, 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 201 SE 2ND AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, 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 lot criteria for the RS-6300 zoning district; and WHEREAS, John and Ruth Bartley have applied for a variance (VA-45-99) to allow an existing garage to remain 3.8' from the east property line for property located at 201 SE 2n1 Avenue, Dania Beach in conjunction with the proposed construction of a single family dwelling; and WHEREAS, the Planning & Zoning Board on June 16, 1999, recommended that the City Commission grant variance request VA-45-99 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-45-99, for a variance from Chapter 28 Zoning, Article 4. District Regulations, Schedule of Lot Yard and Bulk regulations, a copy of which is attached as Exhibit"A" is approved and the appropriate city officials are 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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 13T" DAY OF July, 19 . Ivl R-COMMISSIONER 1 RESOLUTION NO. 135-99 f 4 g r, r ATTEST: ROLL CALL: j MAYOR BERTINO - YES w VICE-MAYOR MCELYEA - YES SH RYL CH MAN COMMISSIONER ETLING - YES ACTING CITY CLERK COMMISSIONER CALI - YES COMMISSIONER MIKES- YES APPROVED AS TO FORM D CORRECTNESS: BY: THOM S J. N CITY ATTORNEY RESOLUTION NO. 135-99 f L T-- r • • CITY OF DANIA 100 WEST DANIA BEACH BOULEVARD DANIA, FLORIDA 33004 • `/[��S/_�,305/921-8100 (' G APPLICATION NUMBER Y /� �✓"-/ c/ DATE FILED,—? / APPLICATION FOR VARIANCE 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. ^ I' ;LAME OF APPLICANT: 'I1hn I�IT�T IP U ADDRESS OF APPLICANT: o�5�"I S UJ IVJSf n14A11F} PHONE: g2a-O )CL PROPERTY INTEREST OF APPLICANT: _ aqen4- NAME AND ADDRESS OF PROPERTY OWNER (IF NOT THE APPLICANT) : Tllh12 IW4{osa I Qr-I ,LLCb, -f-U- 37YJL/ ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: ck31 9E Na Avenue ORIV ll4 lUtS I a r 3 31 c�c1L 1 " nGh,cl (n IG yleL„ � p(a-I- ✓'yv,lc 3L DALE 5'TS .— 20NING CLASSIFICATION: QCi&ajLa c DugjULOT SIZE:q0X 114,.1,AREA:_Ia�l jlu PRESENT USE:SI hQ to -Gr lY2i , DESCRIPTION OF THE VARIANCE(S) REOUESTED> TA Ce Fe R... RrIs x+g wood /o'f T.f 3' Gwna � .cee Ead 10A5R,&4 /,:..6 . Awl 4 r.* 3 LIST THE NAMES 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 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. //lb7 F-W2 3 fR�as /zof _f O O 2. Provide evidence that the special conditions and circumstances do not result from the actions of the applicant. O O 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. QT/ F6 e�/^ / .ST��F ffy�/ /F owN9/: o.,.IW5 ,6m 141 / Ai;2 t A'BJ m c.S7� gal !/.<,C.e...c T F/ n/F SO/!/ LOV ✓NO Yiad.e.,.p,.5 A/a.,�� .�J9 /LRFr/S.✓ 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. 5. Describe how the requested variance is the minimum variance that will make possible the reasonable use of the land, building or structure. 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. � . ?lease add any other comments which may assist the City Commission and the Planning and Zoning Board in reviewing this request. ,f Th—�7v �yo/Jy/? VOTE: .ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF THE DANIA CITY COMMISSION. , nature Peitiofer� � �:Swoorn/to and subscribed before me this,2L/ day of`77�p, 19_q .1r0 Commission Expires: ;Notary Pi4blic hUr RYS..0 KUDERLYDSALvi N0rA1Y Pu8L1c srATE OF, COMMMON NO.CCU.... OONIN�ION f r r r a FOR USE WHEN PETITIONER IS NOT OWNER OF SUBJECT PROPERTY: THIS IS TO CERTIFY THAT I AM T DESCRIBED ABOVE IY jjHE PETITION HE FOR NVAROANCEER F EANDBTyAT IA LNDS AHAVE AUTHORIZED _Tij,_ AFORESAID PETITION FOR V T� TO MAKE AND FILE THE ARIANCE. ignatu re of Owner Street .lddress, City, State 6 ZIp e lephone Syr �y a2� �/2ynN Sworn to and subscribed before me thisa CLday of�19� atary blic Commission Expires: �BE COMPLETED BY OFFICE STAFF ONLY MATERIALS INCLUDED Plans Survey \ Sketches i— Fee List of Ad Jacent Property O ers ------- THIS FORM TO RE FILED WITH THXCIT DEPARTMENT. DANIA'S GROWTH MANAGEMENT ACCEPTEO BY: f y -r DESCRIPTION: LOB 1, 2 AND 3, BLOCK 1, 'DANIA GOLF VIEW'. ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 36, PAGE 50, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORID& mm na um mwac,sear Iao1 w n n sera na®n a am.soma xo aw. v-aa 101 A®m wa Hw em am NORRi ARROW RELATIVE TO ASSUYEO 12ey2A ype F A, maoa m Rao eaa AO•eaRla v NORTH ALONG THE CENTERU E OF ®awe am aes er*� S.E. 2N0 AVENUE eac Oaa rla.Gn m Otllon�as w aleo DADA IAOIOIR came lo-2-e DAD 7.e Sa meaA�Aa,r v,s DADA Ree AVENUE u m H11a A Into, M a g v o , tv P0110 �! Y 20' noalan en DATE OF SURVEY: o NO: lees DA 14 amumR 5164EN H. CM &AHD SIRVENAS, NM SCALE I•.3O' F.B: IH et ' 2131 HOLLYWOOD BOULOMRD SUITE 201 1YPE OF SKETCH OF SURVEY w'o ft 61a a®® HOLLYWOOD. FL 37020 (SSe} 023-71108 eaAaan REVISION DATE UINSED 6USINESS NO. 5035 FlL NOT VALID WMDIR THE SKPAIM AND. N R 0a0MN RASD SA OF THE FUNICA HIRY UCEO®MCD AND TF MAPPER FIDPoDA RET257MTION N0. 4054 f r r d ' r ' DESCRIPTION: LOT J, BLOCK 1, *DANIA GOLF VIEW. ACCORDING TO PUT THEREOF AS RECORDED IN PLAT BOOK JB, PACE 50, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. sa_� �m ni uq e®vioi Mai�ca�a �n blr onl.a®Is q�aI1F NORTH ARROW RELATIVE TO ASSUMED sRa ra A®�'O m•sue NORTH ALONG THE CENTERLINE OF ieao iw a�w M nr� S.E. 2ND AVENUE. aawo�cos'aq�a issa s®m wmaL unr s•tb��xM S. 2ND AVENUE a lox p 9 e p 6 � 1 N � ! O 6 20, A AYI®M DATE DF SIpREY: M A1L• ZM A6t MSNAp STEPHEN H. CON WA SURVAMM RO. SCALE-• .B., 19I 1 2131 HOUYVAM BOULEV SUITE 301 TYPE OF SKET OF SURVEY os�s 910 1Fsm®�': >oe HOLLYWOOD- FL 33= (� I7]—TI65 souB REVISION tRkNSED BUSINESS NO. 50W .. Rm VIVA IRn DUT TI[ AFq sRI>tN x H. a®s FOR THE FIRM UcD RA®]i&l D TAPPIM IDI PROFMSDAL SURVEYOR a YAPPER tlfil6m '� � FIDpDA RFSiSIMTION N0. 405{ d- .1 _f r NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the Planning and Zoning Board on June 16, 1999 at 7:30 p.m., and the City Commission on July 13, 1999 at 7:30 p.m., or as soon thereafter as possible, in the City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any objections which might be made to a request, as follows: Petition No. VA-45-99—Variance request by Ruth and John Bartley for property located at 201 SE 2nd Avenue, 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, for the existing garage which is located 3.8' from the east property line. This request is in conjunction with a proposal to construct a single family dwelling on lot 3 to the east of the site. Property is legally described as: Lots 1, 2 and 3 Block 1 " Dania Golf View" according to plat thereof as recorded in plat book 36, page 50 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 Sheryl Chapman, Administrative Services Director, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 921-8700 ext. 203, 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 Location Map on back Planning Technician 1 f d . . -r r ., • NI I A I I all O� cro Corr 7� 711 ,;tt/M✓.�o (eta p _ T ' s 'S , u tad • RE-SUB OF BLOCK 119" CIDi . 02 DANIA T- , J ► ' BEACH SUB f , t ( 27- 9) s-E DANIA GOLF ,+ a a ' H B COURSE p (32-IT) ' a ' DANIA DELMAR s N r Id ' °� a. i MEA We OOK •� , l . KE CONDOS o + � � P� •� re H.1a 1 and 35 c 41F S+Ir �E 0 BROad O LA ESVIEW No Bto� / CONDOS © oj SUNSHINE �o VILLA APTS. INC.� - }� IAAE ; CO OP r.nrcE _ I � 10 t008 I� 0S 3 ) (3 DANIA GOLF COURSE l2 j5j - ENDED ( w DALTON ��EN� -� DA 4 nnlnn L- f r r 7 AGENDA REQUEST FORM � CITY OF DANIA BEACH Date: July 2, 1999 Agenda Item#: 3 • Title: VARIANCE REQUEST-VA-45-99 Requested Action: REQUEST BY JOHN BARTLEY FOR PROPERTY LOCATED AT 201 SE 2Nc AVE., DANIA BEACH FOR A VARIANCE FROM LOT YARD AND BULK REQUIREMENTS FOR A NON CONFORMING USE Summary Explanation& Background: Exhibits(List): RESOLUTION MEMORANDUM VARIANCE APPLICATION PUBLIC HEARING NOTICE LOCATION MAP Purchasing Approval: Prepared By: TERRY L. VIRTA, AICP-GROWTH MANAGEMENT DIRECTOR Source of Additional Information: (Name &Phone) Recommended for Approval By: PLANNING AND ZONING BOARD JUNE 16, 1999 Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ 4 2�- r, MEMORANDUM TO: Michael W. Smith, City Manager FROM: Terry L. Virta, AICP Growth Management Director RE: VA-45-99 John Bartley/Ruth Bartley Variance Request Date: July 6, 1999 A single family home and garage are constructed on lots 1 and 2 of the subject site. Those two lots are currently zoned RD-6000. Lot 3 which is zoned RS-6000 is currently vacant. The one-story garage located on lot 2 was constructed with a side setback of 3.8 feet from lot 3 where a 7' side yard is required. Approval of this variance would legitimize the existing development. It would also allow a single-family house to be built on lot 3. The Planning and Zoning Board recommends that the City Commission approve the subject variance to allow a 3.8-foot side setback for the existing development on lot 2. f