HomeMy WebLinkAboutR-2016-132 Approves the Variance Requests VA-77-16 & VA-94-16 Submitted by Owner John Bartley for Property at SW Ending of SW 39th Way RESOLUTION NO. 2016-132
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH,FLORIDA,APPROVING THE VARIANCE REQUESTS SUBMITTED
UNDER APPLICATION NUMBERS VA-77-16 AND VA-94-16 BY PROPERTY
OWNER JOHN BARTLEY,FOR PROPERTY GENERALLY LOCATED AT THE
SOUTHWEST ENDING OF SW 39 WAY IN THE CITY OF DANIA BEACH,
FLORIDA,AS DESCRIBED IN EXHIBIT"A"; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,pursuant to Chapter 28,the"Land Development Code,"Part 6,"Development
Review Procedures And Requirements,"Article 625, "Variances" of the Land Development Code
(the"LDC"),John Bartley,property owner(the"Applicant"),has applied to the City of Dania Beach
(the "City"), for approval of variance requests (VA-77-16 and VA-94-16) for property legally
described in Exhibit"A"; and
WHEREAS, LDC Section 625-40 states that the City Commission may grant a variance
based on its determination that the petitioner has demonstrated that the criteria identified in the LDC
have been satisfied; and
WHEREAS,the Applicant is requesting a variance(VA-77-16)to provide a front setback of
twenty (20) feet, where LDC Section 205-10 requires a twenty-five (25) foot setback in the front
yard; and
WHEREAS,the Applicant is also requesting a variance (VA-94-16)to provide an interior
side setback of four feet(4')for mechanical equipment,where LDC Section 215-50 requires a seven
(7) foot setback from the side lot line; and
WHEREAS,the Applicant has provided sufficient justification demonstrating compliance
with the approval criteria to meet the requirements of the LDC; and
WHEREAS, public notice was provided in accordance with law; and
WHEREAS,the City Commission finds that approval of the requested variance is consistent
with the City's Land Development Code and Comprehensive Plan;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing"WHEREAS"clauses are ratified and confirmed as being
true and correct and are made a specific part of this Resolution.
Section 2. That these certain applications (VA-77-16 and VA-94-16) for a variance
approval is approved.
Section 3. Pursuant to Section 625-50 "Expiration of Variances" of the Land
Development Code,the variance approvals(VA-77-16 and VA-94-16)shall automatically expire and
become null and void unless the Applicant files a complete building permit application with
construction drawings within eighteen(18) months from the date of this Resolution.
Section 4. That the issuance of a development permit by a municipality does not in any
way create any right on the part of an applicant to obtain a permit from a state or federal agency,and
does not create any liability on the part of the municipality for issuance of the permit if the applicant
fails to obtain requisite approvals or does not fulfill the obligations imposed by a state or federal
agency, or undertakes actions that result in a violation of state or federal law.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 6. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on October 10, 2016.
Is
ATTEST: ��, src
LOUISE STILSON, CMC ±CO A. SALVINO, SR.
CITY CLERK , MAYOR
APPROVED AS T FORM CORRECTNESS:
r
THOM J. ANSB O
CITY ATTORNEY
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EXHIBIT"A"
LEGAL DESCRIPTION
REED LAND CO SUB 2-32 D 31-50-42 THAT PT OF TR 11 DESC AS: S 100 OF N 607 OF
W 210 OF SAID TR 11 BLK 3 EXCEPT THEREFROM W 33 FOR RD; AND W 210 OF TR
11, BLK 31 LESS N 607 & LESS W 35 FOR RD; TR 11 BLK 3 LESS N 307 AKA: LOTS J &
K
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