HomeMy WebLinkAboutR-2016-157 Townhouse East Variance (VA-92-16) RESOLUTION NO. 2016-157
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH,FLORIDA,APPROVING THE VARIANCE REQUESTS SUBMITTED
UNDER APPLICATION NUMBER VA-92-16 BY TOWNHOUSE EAST
CONDOMINIUM ASSOCIATION, INC. FOR THE PROPERTY LOCATED AT
450 SOUTHEAST 7TH STREET IN THE CITY OF DANIA BEACH, FLORIDA,
AS LEGALLY 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"),Townhouse East Condominium Association,Inc.(the"Applicant"),has applied to the
City of Dania Beach(the"City"),for approval of variance request(VA-92-16)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-92-16)to allow existing accessory
structures,as identified in the Akouri Consulting Engineer's report dated May 25,2016,to remain in
required rear setback,where LDC Section 205-10 requires a fifteen(15)foot setback in the rear yard;
and
WHEREAS,the variance will apply to all properties identified in identified in the Akouri
Consulting Engineers' report dated May 25, 2016 as having accessory structures; 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 the certain application(VA-92-16) for variance approval is approved.
Section 3. Pursuant to Section 625-50 "Expiration of Variances" of the LDC, the
variance approval (VA-92-16) 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 December 13, 2016.
ATTEST: RD'S F1RSr�
'1
LOUISE STILSON, CMC TAIARA JAME
CITY CLERK MAYOR
APPROVED AS T FO AND CORRECTNESS:
r
TH&MA§ J. SB
CITY ATTO EY
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EXHIBIT"A"
LEGAL DESCRIPTION
3-51-42 E1/2 OF NE1/4 OF NE1/4 OF SE1/4 DESC AS COMM AT NE COR OF SEI/4, WLY
172.15,SLY 248.9 TO POB,CONT SLY 144.2,W 41.33,N 144.2,E 41.33 TO POB
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