HomeMy WebLinkAboutR-2009-067 Gernant Variance Appeal RESOLUTION NO. 2009-067
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH,FLORIDA,APPROVING THE VARIANCE REQUEST SUBMITTED BY
YOLANDA GERNANT FROM CHAPTER 28, "ZONING", ARTICLE 4,
"SCHEDULE OF LOT,YARD AND BULK REGULATIONS",FOR PROPERTY
LOCATED AT 2740 SW 46 COURT, DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article N-B of Chapter 33, "Zoning Appendix" of the City Code of
Ordinances,grants the Planning and Zoning Board the authority to approve variances associated with
single-family homes(excluding variances related to marine structures,such as but not limited to boat
slips, docks and mooring structures); and
WHEREAS,the City of Dania Beach Code of Ordinances,Chapter 28,"Zoning",Article 26,
"Ravenswood-Griffin Road Annexed Areas Zoning Regulation", adopted the Broward County
Zoning regulations through Supplement No.63,by reference for properties within the Ravenswood-
Griffin Road annexed areas; and
WHEREAS, Chapter 39, "Broward County Zoning Code", Article XXXVI, "One-Family
Dwelling—R-1 A to R-1 C Districts",Section 39-583 prescribes the side yard set-back regulations for
properties located within the R-1C district within the City of Dania Beach; and
WHEREAS,property owner Yolanda Gemant applied for a variance(VA-89-08)to allow a
14 foot by 6 foot storage addition:
1) to be located 3 feet from the side property line(Broward County Zoning Code Article
XXXVI, Section 39-583, "Side yards",requires seven and one half feet(7 1/2));
2) to be located 12 feet 11 inches from the neighboring residence to the east (Broward
County Zoning Code Article XXXVI, Section 39-583, "Side yards"requires 15 feet of separation
between buildings), for property located at 2740 SW 46 Court, Dania Beach located in the Rl-C
Residential Zoning District; and
WHEREAS, the Planning &Zoning Advisory Board on January 21, 2009, held a public
hearing to review the application in light of 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 and the Board denied
the request; and
WHEREAS, the Applicant has appealed the Board's decision to the City Commission;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That that certain application for variances (VA-89-08) as described above
(from requirements in Broward County Zoning Code Article XXXVI,Section 39-583."Side yards"),
a copy of which is attached as Exhibit"A"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 April 28, 2009.
ANNE CASTRO
MAYOR-COMMISSIONER
ATTEST: Is ggstc'r
LOUISE S ILSON, MC
CITY CLERK
APPROVED AS O F AND CORRECTNESS
(--, r
TH64AS J. S R
CITY ATTORNEY
2 RESOLUTION#2009-067
I
RESOLUTION NO.2009-PZ-001
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA PLANNING
AND ZONING BOARD, APPROVING THE VARIANCE REQUEST
SUBMITTED BY YOLANDA GERNANT FROM CHAPTER 28, "ZONING",
ARTICLE 4,"SCHEDULE OF LOT,YARD AND BULK REGULATIONS",FOR
PROPERTY LOCATED AT 2740 SW 46 COURT,DANIA BEACH;PROVIDING
FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article IV-B of Chapter 33, "Zoning Appendix" of the City Code of
Ordinances,grants the Planning and Zoning Board the authority to approve variances associated with
single-family homes(excluding variances related to marine structures,such as but not limited to boat
slips,docks and mooring structures);and
WHEREAS,the City of Dania Beach Code of Ordinances,Chapter 28,"Zoning",Article 26,
"Ravenswood-Griffin Road Annexed Areas Zoning Regulation", adopted the Broward County
Zoning regulations through Supplement No.63,by reference for properties within the Ravenswood-
Griffin Road annexed areas;and
WHEREAS, Chapter 39,"Broward County Zoning Code",Article XXXVI,"One-Family
Dwelling—R-1 A to R-1 C Districts",Section 39-583 prescribes the side yard set-back regulations for
properties located within the R-1 C district within the City of Dania Beach;and
WHEREAS, property owner Yolanda Gemant has applied for a variance (VA-89-08) to
allow a 14 foot by 6 foot storage addition:
1) to be located 3 feet from the side property line(Broward County Zoning Code Article
XXXVI, Section 39-583, "Side yards",requires seven and one half feet(71/2));
2) to be located 12 feet 11 inches from the neighboring residence to the east (Broward
County Zoning Code Article XXXVI, Section 39-583,"Side yards"requires 15 feet of separation
between buildings),
for property located at 2740 SW 46 Court, Dania Beach located in the RI-C Residential
Zoning District; and
WHEREAS, the Planning&Zoning Advisory Board on January 21,2009,held a public
hearing to review the application in light of 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 PLANNING AND ZONING
BOARD OF THE CITY OF DANIA BEACH,FLORIDA:
Section 1. That that certain application for variances(VA-89-08)as described above(from
requirements in Broward County Zoning Code Article XXXVI, Section 39-583. "Side yards'), a
copy of which is attached as Exhibit"A"is denied.
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 January 21,2009. n
PA FETC
CHAI —PLANNING AND
ZONING BOARD
A T:
UANN PATEL ARO
LANNING BOARD CLERK
APPROVED AS TO FORh4AND CORRECTNESS:
BY: S� (
_
O S S O
CI A O Y
2 RESOLUTION#2009-PZ-001