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Home My WebLink About2009-11-18 Planning and Zoning Board Minutes - i MINUTES CITY OF DANIA BEACH PLANNING AND ZONING BOARD REGULAR MEETING Commission Chambers Wednesday, November 18,2009 7:00 PM ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING ADVISOR1 BOARD 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.4 VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON.FIRM OR CORPORATION 1S BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO.01.93.REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT,PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT LOUISE STI SON, CITY CLERK 100 W.DANIA BEACH BLVD,DANIA BEACH,FL 33004,(954)924-3622,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU. A PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE IF YOU MUST MAKE A CALL,PLEASE STEP OUT IN70 THE ATRIUM IN ORDER NOT TO INTERRUPT THE MEETING. B.IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE,PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM IN ORDER NOT TO INTERRUPT THE MEETING I. ROLL CALL Lottye Crooms Present Thomas Ansbro, City Attorney Angeline Flowers Present Robert Daniels, Director, Community Development Derrick Hankerson Excused Kristin Dion, City Planner George Jason Present Christine Lottier, Board Clerk Timothy Pribisco Present Motion to excuse Derrick Hankerson made by Lottye Crooms seconded by Tim Pribisco. Motion passed unanimously. II. MINUTES Approval of October 21, 2009 Motion made to approve the minutes from October 21,2009 made by Lottye Crooms, seconded by George Jason. Motion passed unanimously. III. PLANNING AND ZONING BOARD ITEMS (FINAL APPROVAL) 1) VA47-09—Variance request by property owner Mary Osceola for property located at 4408 SW 59th Court, Dania Beach, Florida. The variance request is to allow a carport to be located 1.7 feet from the side property line. (Broward County Zoning Code Chapter 39, Article XVI. "Residential Zoning Districts", Section 39-286. "Side Yards", requires a minimum of 7.5 feet.) (Continued from October 21, 2009 Regular Planning and Zoning Board Meeting) RESOLUTION NO. 2009-PZ-006 - A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA PLANNING AND ZONING BOARD,APPROVING THE VARIANCE REQUEST SUBMITTED BY MARY OSCEOLA FROM THE BROWARD COUNTY ZONING CODE, Planning and Zoning Board Meeting 1 MINUTES November 18,2009 CHAPTER 39 "ZONING", ARTICLE XVI, "RESIDENTIAL ZONING DISTRICTS', FOR PROPERTY LOCATED AT 4408 SW 59TH COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Kristin Dion, City Planner addressed the board stating that the property is zoned Broward County Single Family (RS-5) and the Future Land Use is Low-Medium (10) Residential. She stated that the applicant is requesting a variance to install a carport over the existing driveway, which is located 1.7 feet from the east side property line. She further stated that the property owner applied for a building permit on October 2, 2009, which was rejected, due to the location of the existing home; there is no feasible location on this site to construct a carport and meet code required setbacks. Ms. Dion stated the applicant is requesting to install an unenclosed structure which will have less visual impact on the adjoining property than a carport with a side wall enclosure or a garage. Ms. Dion concluded her presentation stating that on October 21, 2009, the Planning and Zoning Board tabled this item to allow the property owner to present the request to the board. She stated that staff is recommending denial. At this time Fred Hopkins, Director of Real Estate for the Seminole Tribe of Florida, 14180 Richwood Place, Davie, Florida, representing Mary Osceola tribal elder, addressed the board describing the variance request. Mr. Hopkins explained the hardship for Ms. Osceola is that the lot size is narrow and Ms. Osceola is elderly and has a hard time getting to her house during inclement weather and a carport would provide safe access to her residence. Mr. Hopkins further explained that the property to the south and immediate east is also owned by the same owner. Mr. Hopkins concluded stating that granting this variance will not negatively impact the surrounding residences in the neighborhood due to the location being the last house on the block. At this time there was discussion from the board as to whether the variance would have an affect on future sales of the property, and whether the owner would change the property line or legal description of the property to avoid the need for the variance. The board also questioned Mr. Hopkins if there were any other housing options available for Ms. Osceola to live. City Attorney Tom Ansbro addressed the Boards questions by stating that the variance runs with the land. Attorney Ansbro also advised the Board that they could request the applicant to agree to the condition of a Restrictive Covenant that requires the removal of the carport upon the sale of the property or upon her death. Mr. Hopkins responded to the Board that he would rather not pursue changing the property line or legal description of the property. Mr. Hopkins further responded to the Board that there is a shortage of residences and that there are no other homes available for Ms. Osceola to move to. Mr. Hopkins stated that he would like to take the option with the condition of the Restrictive Covenant. Chairperson Angeline Flowers opened the item for public comment. Hearing none and seeing none,the public hearing was closed. Planning and Zoning Board Meeting 2 MINUTES November 18,2009 Motion was made by George Jason to recommend approval of the variance request to install a carport over the existing driveway VA-47-09, with the restriction that if the property is sold the carport would have to be removed, second by Tim Pribisco. Motion passed on the following roll call: Lottye Crooms — Yes George Jason — Yes Timothy Pribisco — Yes Angeline Flowers — Yes Derrick Hankerson — Absent Attorney Ansbro informed Mr. Hopkins that either the owner would need to prepare the Restrictive Covenant or Mr. Hopkins could contact him for further instructions. IV. PLANNING AND ZONING BOARD ITEMS (COMMISSION) 2) VC-51-09 - Request to vacate the platted park interest created by the "Map of Modelo, now Dania Plat' for land upon which the Dania Beach Administrative Building is currently located (100 West Dania Beach Boulevard in the City). Board member Derrick Hankerson arrived 7:17 pm City Attorney, Tom Ansbro addressed the Board explaining that the City is processing an application to vacate the platted park interest created by the "Map of Modelo, now Dania Plat' for land upon which the Dania Beach Administrative Building is located. Attorney Ansbro gave a brief history of the property and answered questions from the Board. Attorney Ansbro concluded by requesting the Board approve the proposal to vacate the restriction. Chairperson Angeline Flowers opened the item for public comment. Hearing none and seeing none,the public hearing was closed. Motion was made by Lottye Crooms to recommend approval of the request to vacate the platted park interest created by the "Map of Modelo, now Dania Plat' VC-51-09, seconded by Tim Pribisco. Motion passed on the following roll call: Lottye Crooms — Yes George Jason — Yes Timothy Pribisco — Yes Angeline Flowers — Yes Derrick Hankerson — Yes 3) PRESENTATION -Westside Master Plan Community Development Director, Bob Daniels addressed the Board with a brief introduction of the Westside Master Plan and introduced Michele Mellgren and Swati Meshram. Michele Mellgren, Principal of The Mellgren Planning Group addressed the Board and gave a brief overview of the Westside Master Plan. Swati Meshram, of the The Mellgren Planning Group presented a power point presentation of the Westside Master Plan to the Board. Planning and Zoning Board Meeting 3 MINUTES November 18,2009 At this time. Community Development Director, Bob Daniels addressed the Board thanking Michele Mellgren and Swati Meshram for the hard work. Mr. Daniels gave a summary of the Westside Master Plan and addressed questions from the Board. Chairperson Angeline Flowers opened the floor to the public for comment regarding the Westside Master Plan. Linda Sacco, 4481 SW 38 Terrace, Dania Beach. Florida addressed the Board expressing her concerns regarding consensus and changes to Davis Isles in the Westside Master Plan. 4) Director's Report Community Development Director, Bob Daniels addressed the Board with updates to the Regional Activity Center Land Use Plan Amendment and issues relating to the Water Supply Plan. Motion made by George Jason, second by Tim Pribiso to adjorn. Motion passed unanimously. End of Agenda Planning and Zoning Board Meeting 4 MINUTES November 18,2009