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Home My WebLink AboutR-2007-220 Approving Comeau Variance schedule of lot, yard and bulk regulations for property 1402 NW 8th street RESOLUTION NO. 2007-220 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY PAUL COMEAU FROM CHAPTER 28, "ZONING",ARTICLE 4.21, "SCHEDULE OF LOT,YARD AND BULK REGULATIONS", FOR PROPERTY LOCATED AT 1402 NW 8T" STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 4.21, "Schedule of Lot, Yard and Bulk Regulations" prescribes the setback requirements for structures within the City of Dania Beach; and WHEREAS,the property owner Paul Comeau is requesting a variance(VA-56-07)to allow a building addition(sunroom)with a 10-foot rear yard setback(Chapter 28, "Zoning", Article 4.21 "Schedule of lot yard and bulk regulations"requires a 15-foot rear yard setback)for property located at 1402 NW 8`h Street in Dania Beach; and WHEREAS,the Planning&Zoning Board on October 17,2007,recommended approval of the variance request,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-56-07, from requirements in Chapter 28, "Zoning",Article 4,"Schedule of Lot,Yard and Bulk Regulations",of the City Code of Ordinances is approved. 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 on November 13, 2007. B N AYOR-CO ISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS T O AND CORRECTNESS: BY: THO AS J. A RO CITY AT ORN Y 2 RESOLUTION 92007-220 City of Dania Beach, Florida m Department of Community Development Planning and Zoning Division (9s4) 924-3645 General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ' " of +„ 'r ❑ Land Use Amendment 2JL ai ' , �� ❑ Plat ❑ Plat Delegation Request SLP 2 U 2007 Dabs Reed: ❑ Rasoning O� ❑ Site Plan P i:: a e 9 Petition No.: ❑ Special Exwptlon v P,a,t%i B i t ❑ Special It**" ❑ 7roff %VW Waiver X Varian ❑ vacation Request ❑ other. THIS APPLICATION WILL NOT M ACCEPTED UNTIL IT IS ao P ETE�D SUhis UBM and "RequiredWITH d ALL NECESARRY DOCUMENTS. Refer to the application type Documentation*checklist to determine the supplemental documents required with each appkatlon For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their authorized legal agent musture to atlend may smpact be present at all meetings. All isposition of our projects must also obtain athe buildingicant permit fromtheir the City's Building Department. Location Address: 1402 NW 8th Street,Dania Beach,Florida 33004 Lot(s): I Block: 4 Subdivision: Florian Isles 3rd Section Recorded Plat Name: Plat Book 59,Page 37,Public records,Broward County,Florida Folio Number(s): 504233240010 Legal Description: Florian Isles,3rd Section 59-37 B lot I blk 4 Appikan nsuitantllegal Representative(circle one) Paul Comeau Address of Applicant: 1402 NW 8th Street,Dania Beach,Florida 33004 Business Telephone: Home: 954-922-8036 Fax: 954-922-8036 Name of Property Owner: Paul Comeau Address of Property Owner: 1402 NW 8th Street,Dania Beach,Florida 33004 Business Telephone: Home: 954-922-8036 Fax: 954-922-8036 Explanation of Request: Variance requested from rear set back requirements for installation of sunroom. Prop. Net Acreage: 9 Gross Acreage: Prop. Square Footage: 6583 sf Existing Use: Residential Proposed Use: Residential 9 Is property owned individually, by a corporation, or a joint venture? Individually I understand that site plan and variance approval automatically expires within 12 months ofCity Commission approval, pursuant to Ordinance No. 2005--040. !/Ltl�I/ 41� Co In`ABC Applicant/Owner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant(ConsultanU eprese tive: This ' day of 20� Signature: /Q Date: Sign Name of Notary Public (Print Name) state of ) Name of of tee. Street Address, City, State and Zip Code w E,p,,,AV10.2o„ St,nny 1 s%ems G/• 33/60 IssAn""" "•ooeo,eee (�S y� oZO� ° eoZ3 Telephone No. & Fax No. INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn� to�and subscribed before me Owner: r! This i h h day of 20 U"1 Signature: Y Date: 1 ^G 7 Sign Name of Notary Public (Print Name) State oflFlOr,do, ) � L16oLET- ON of Wont Street Address, City, State and Zip Code Telephone No. & Fax No. To: Community Development Department 100 West Dania Beach Boulevard Dania Beach,Florida 33004 From: SEF 2 0 7007 Paul Comeau(owner) 1402 NW 8t' Street (Argonaut Isle) : .. Dania Beach,Florida 33004 a < F b e n t 954-922-8036 - -- --- — Re: APPLICATION FOR VARIANCE That 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; Ans. The special conditions existing at this property is that it is presently a non-conforming structure due to the size and location of the lot and structure. Adding to the special conditions is the property location on a corner which requires the observance of not only rear setbacks but side setbacks as well(which cannot be met currently based upon the property's configuration). That the special conditions and circumstances do not result from the actions of the applicant; Ans. The special conditions associated with this property are not a result of the applicant but are a result of the development patterns in the area and the particular configuration of the lot and structure placed on it. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in this same zoning district; Ans. This request does not grant any special privilege to this applicant since the requested use is already available to other property owners. Due to this applicant's unique property configuration and location, applicant is suffering a hardship. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant; Ans. Due to the unique configuration and location of the property, applicant incurs a hardship since improvements to the property which impact the rear setback requirements can never be met since the structure is non-conforming. That the variance granted is the minimum variance that will make possible the reasonable use of the land,building or structure; Ans. This variance is the minimum variance required for the property for the proposed use. Anything less would deprive applicant of the use of the property as it currently exists. That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare; Ans. The granting of the variance would be consistent with sound planning and zoning principles. Moreover,the proposed sunroom would not affect any other property owners or the public in general. In addition the proposed sunroom will promote the aesthetic improvement of the structure in accordance with sound planning principles. Note:Applicant respectfully requests the granting of this variance request. The unique location and configuration of the lot and structure clearly supports the finding of a hardship for this variance request. The existing permitted slab will not change the footprint of the structure. Respectfully submitted: Comeau Paul I Xv ��21� x� &bk`age >,ti ` 6 r r`�°j� J� i�j;1 ��%�•`�a`�� C ,. r y:M7f i�yy�v[ .�y � ./`i•„i�.lbi 1� f 1 tF eyrr}�'jr &U& i i '� i i �; �' ;. �' � _ r L____ i E .` � `� „:� � 1 - I y- � i ^� 1 i "� `e �4 Z 1: � ��_. o .`. W �� o • �. � � � h W W Q ,_� /� o c�� 3 z � �._ � _ ,� � � -� ` �-,C o �. � � t . n �Q! r- cr-,. 4i \� O' O l�. cr- _ R N o�I ' T i o �•. b \ r{ UA f Ln bo 1 I � 7� •C 4pi. -- T C•. r---l.�"Ty" Ij y �. Add 4L s .am p sid] IN V 1 1 1 i l /• I __ _ tea^ ` f r �� e