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HomeMy WebLinkAboutR-2009-033 Bradley Crow Boat Lift Variance RESOLUTION NO. 2009-033 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY PROPERTY OWNER BRADLEY CROW,FROM THE DANIA BEACH ZONING APPENDDC SECTION 33-40,FOR PROPERTY LOCATED AT 918 NAUTILUS ISLE,DANIA BEACH;PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Zoning Appendix, Section 33-40 "Regulation and use of waterways and facilities related thereto"prescribes the regulations for the proposed installation of boat lifts within the City of Dania Beach; and WHEREAS,Bradley Crow owns property located at 918 Nautilus Isle,and he is requesting a variance (VA-01-09) to allow a boat lift to extend 21 feet into a canal (Dania Beach Zoning Appendix Sec. 33-40, "Regulation and use of waterways and facilities related thereto', allows a maximum of 10%of the canal width to be occupied by such a lift,which equals eight(8)feet for this property); and WHEREAS,the Planning&Zoning Board on February 18,2009,made a recommendation to deny the variance request(VA-01-09)by Bradley Crow for property located at 918 Nautilus Isle, Dania Beach; the above recommendation was 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 variance application VA-01-09 from the requirements in the Dania Beach Zoning Appendix, Sec. 33-40, "Regulation and use of waterways and facilities related thereto', 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 March 11, 2009. ALBERT C. JONES MAYOR-COMMIS NER E.ST--. � OPO��p'S FIgsT COY gpitq _ LOUISE STILSON, CMC CITY CLERK 1 APPROVED AS TO AND CORRECTNESS: oa ' THqMASJ ANSBRO CITY ATTORNEY 2 RESOLUTION#2009-033 = City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-6805 Phone www.daniabeachfl.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ���� �� ❑ Plat ❑ Plat Delegation Request Date Rec'd: ❑ Rezoning JAN D 6 2009 _ F1 ❑ Site Plan Petition No.: �"-O� C ❑ Special Exception ❑ Trafficway Waiver Planning Variance Department Roadway Vacation ❑ Extended Hours ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of tis form and "Required Documentation" checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department Location Address: ql8 00-uf SUS ) sle Lot(s): 2-1 Block: Subdivision: SI'le t+e�- 1 s)�ds Recorded Plat Name: Folio Number(s):�L I S 0Z.�JC Legal Description: Applican Consultant/Le gal Representative (circle one 5rC d hf 4 LY-C, Address of Applicant: cc� 11�1+6 Q�i Business Telephone. I S S C�rr�315lPZd Home: Fax: Name of Property Owner: 1 � Address of Property rDw�ner: C1 1 C6 Mo-(-4 )!-(-S f SL4._ Business Telephone: I5L4gj Home: Fax: Explanation of Request: L Its For Plats please provide proposed Plat Name for Variances please attach Criteria Statement as per Artic%1 0.13 of Chapter 28, Zoning Code, Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Existing Use: Proposed Use: Is property owned individually, by a corporation, or a joint venture? 1c)JJ Jkcant1CC)'dwfer plan and variance approval automatically expires within 12 fission approval, pursuant to O nance No. 2005-040. C7signature Print Name Date APPLICANT, CONSULTANT, OR EGAL REPRESENTATIVE NOTARIZED SIGNATURE S m to and subscribed before me Applicant/ConsultanVRepresentative: aS This day of Cart Signature: pp Date: gn Name tary blic (Print Name) State of ( ) Qy' anima un e Print Name of otary Street Address, Cty, State and Zip Code n EXDII' ;;C D I O Net+n Pu �c- r; o rwa Telephone No. &Fax No. • b1y Commission Expires ul 18,2010 • Commission#DD 5 415 .°stn' Bonded By National Nota Assn. INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands describe Bove and that I have and flauthorized akee the (Applicant/Consultant/Representative) aforesaid application. sworn to and sub Owner:bed before me — , This S� _day of an 20Q� Signature: Date: • L� �fZ.RL7 L � '� CzGTv gn Na of Notary Public (Print Name) State of "` \r—��la•R State and Zip Code Print Name of Notary Street Address, City, (r Commission Expires: ( IZOI6) ' Telephone No. &Fax No. Seal: // �'"') JANICE SAUNDERS �L� �� �— Yj /�J •'«"°"" Notary Pubric-State of Florid ly Commission Expires Jul 18,2010 ug, Commission#DD 575418 -•;" `�• Bonded By National Notary Aasn. F �•. January 6, 2009 ������� Brad Crow 918 Nautilus Isle Dania Beach, FL 33D04 JAN D 6 2009 Re: Request for variance of new boat lift Planning Department To whom It may concern: The following are questions and answers A thru F regarding the Dania Beach code 10.10. A. 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. Answer: Upgrading existing boat lift. B.That special conditions and circumstances do not result from the actions of the applicant; Answer: Existing lift and boat reaches into canal an est. 10 feet 0 inches from dock. C.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; Answer: There are boat lifts along this canal similar to the one I am proposing. D. 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; Answer: Existing boat lift is very old and unsafe. I would like to upgrade to a secure more stable lift. E. That the variance granted is the minimum variance that will make possible the reasonable use of the land,building or structure. s Answer: The requested lift requires an area of is feet out from the dock. I could reduce the Pace by removing our existing dock,but in doing so I would remove our walkway also used by the neighbors. Also removing the dock would reduce the value and appearance of our home. F. That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such varia nce will not be injurious to the area involved or otherwise detrimental to the public welfare. Answer: We have an existing boat lift in place and I attached signed documents from my immediate neighbors stating they have no objections to our new boat lift.