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1999-47 James Willard Variance RESOLUTION 99 - 47 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA FOR A VARIANCE ON THE PROPERTY DESCRIBED AS 7170 NW 83 TERRACE, PARKLAND, FLORIDA; CASE NO. 01-V-99. WHEREAS, at a regular meeting of the City Commission, on the 20th day of October, 1999, a Public Hearing was held to hear testimony and receive Exhibits for and against the petition of Mr. James Willard, requesting a variance to Section 22-30 of the Code of Ordinances of the City of Parkland on the property described as 7170 NW 83 Terrace, Parkland, Florida also known as Lot 24, BBB Ranches. REQUEST: The expansion of an existing guest house without the construction of the main dwelling unit. VARIANCE: Absence of main dwelling unit. WHEREAS, a proper notice of Public Hearing was sent to property owners of record within 500 feet of the subject property. WHEREAS, after due consideration of all testimony and review of the criteria for granting a variance as set forth in the Code of Ordinances goveming the City Commission, the Commission found that all necessary criteria had been satisfied; and WHEREAS, no member of the public spoke against the petition; and NOW, THEREFORE, be it resolved by the City Commission of the City of Parkland, Florida, that; The variance request, Case No. 01-V-99, has satisfied the criteria set forth in the Code of Ordinances and is granted with the following conditions: 1. The improvements of the guest house shall only be occupied by guests and not be used as a rental property. 2. The guest house shall never be increased in square footage and shall be limited to the plans dated received by the Planning Depamnent on September 17, 1999. PASSED AND ADOPTED THIS-2iLDAY OF October. 1999. ~~ SAL PAGL , MAYOR ATTEST: ~~ HELEN LYNOTT, MC\AAE CITY CLERK reso-wil comml..lon with respect to any matter consldered at such hearing or meeting, they will neei:l to provide a record of the proceedings, and for such purpose, they will need to ensure that a verbatim record Includes the testimony and evidence A60 8006 !:og.=c:" the appeal Is to DOCUMENTS, CASE FILES AND MAPPING re- garding all petitions as well as the City of Parkland Zon- Ing Code are available for public Inspection at 6500 Parkslde Drive, Parkland, Florida 33067. Isl Helen Lynott. CMC/AAE City Clerk Oct06er It 1... SUN - S E N TIN = L PUbLISHED JA!lY FORT LAUDERDALE, BROWARO COUNTY, FLORIDA 80CA RATON, PALM BEACH COUNTY, FLORIDA MIAMI, DADE COUNTY, FLORIDA STATE Of FLORIDA COUNT~O 8ROWARDI M 5EACH/DADE B:0fO H ~ GNED AUTHORITY PERSONALLY APPE~RED , \ .. .. WHO ON OATH SAYS THAT H SHE IS A DULY AUTHORIZED REPRESENTATIvE Of THE LASSIFIED DEPARTMENT Of THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED IN 8RCWARD/PALM BEACH/DADE CO~NTY, FLORIDA THAT THE ATTACHED COpy OF ADVERTISEMENT, SEING , NOTICE IN THE MATTER Of CASE: NO. 01-V-Q9 IN THf CIRCUIT C~URT, WAS PU8LISHED IN SAID NEWSPAPER IN THE ISSUES Of C , 10/09, 1 X AFfIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER PUBLISHED IN SAID 8ROWARD/PALM 8EACH/OADE COUNTV, FLORIDA, AND THAT THE SAID NE~SPAPER ~AS HERETOfORE eEEN CONT1NUOUSlY PUBLISHED IN SAID aRO~ARD/PALM SEACH/DADE COUNTY, fLORIDA, EACH DAY, AND HAS BEEN ENTERED AS SECO~D CLASS MATTER AT THE POST OFfICE I~ fORT LAUDERDALE, IN SAID 8ROWARD COUNTV, fLORIDA, FOR A PEAIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION Of THE ATTACHED CCPY OF ADVERTISEMENT; AND AfFIANT FURTHE~ SAYS THAT HE/SHE HAS NEITHER PAID NOR PROMISED ANY PERSON, FIRM OR CORFORATICN ANY DISCOUNT, REBATE, CO~MISSION OR REFUND FOR THE PURPCSE OF SECURING THIS ADVERTISEMENT FOR PU3LICATION IN SAID NEWSPAPER. ......................... AFFIANT) SWORN TO AND SUaSCR13€D 8EFO~E ME THIS 09 DAY OF OCTOBER A.D. 1999 I' ,/ ,.-- - / I ".... .' \ ',..",.1 ~/.,~., _ /.~... ~ )" / /... ./~, l' ~.... ;;_-:'~ I.. '-,?--, c,<-.-"-..... . . . . . . . . . . ... .....-......... . . .,,:8 '._ . . . . . . . .. . . . . . . . . . . (SI~NAtU~f. Of NOTARY PU~LIC) :.-'}"J<"<>'\ " ,,:di~... ~f.;ti';. c: ~ ;.~ I'v;'y (XJ:.;~lJ:;~ION # CC6311~<' 0;( .- "~~.rr~.:<:/.."..,' ,;,;/~~,;~;,,~O,~; ..,.. 1''11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (NAME Of ~OTARY TYPED, PRINTED OR STAM~:.D) ~ E' ;) .... !'\ N ALL Y 'L '10": . V' " " '~.~\..IJ ~:'1 If." ..................... J~ P?ODUCED IDENTIFICATION ................. NOTICE The City Commlaslon of the City of Parkland will hold a Public Hearing Octo. ber 20, 1999 at Parkland City Hall, 6500 Parkslde Drive, Parkland, Florida 33067, at or after 7;00 PM. Comments on the following ISlU18 may be presented In peraon at the heerlng or may be sent to the Planning Offlce.,ln writlnQ. i .. PUBLIC HEAF~ING - Qua. -sl-Judlclal 1, Cese No. 01-V-99; Petition of Mr. James Wil- lard for a variance Involving a guest house expanslon at 7170 NW 83 Terrace. Park- land, florida allO known as Lot 24, BBB Ranchea. PLEASE BE ADVISED that If a peraon decldee to appeal any decision made I!y the board, agency, or MEMQRA!IDllM TO: Mayor Pagliara and City Commissioners FROM: SUBJECT: DATE: October 15, 1999 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> The petitioner, Jim Willard, has requested a variance for the expansion of an existing apartment to be located at 7170 NW 83 Terrace. The subject property contains an existing barn which has a small apartment, horse stalls, and open area for storage of hay and vehicles. The requirement for a variance is needed to allowed Mr. Willard to expand the existing living area from approximately 860 square feet to approximately 1800 square feet for a residence. The existing structure does not conform to the building setbacks for a main house and would only be in conformance with the setbacks for a guest house which is permitted in the AE-l zoning district. This situation has been created by Mr. Willard who originally owned six (6) acres containing a house and the existing barn, he has now sold the southern three (3) acres to a relative. The requested variance would allow for the existing guest house to be constructed without a main dwelling unit being placed on the property. As required by City Code, notice has been sent to the surrounding property owners within 500 feet of the subject property. If the City Commission deems it appropriate that the criteria for a variance has been satisfied Resolution No. 99-47 should be affirmatively voted upon and passed. plval.rpt ZONING ~ 22-323 Sec. 22-323. Same-Powers and duties. t " .,. ao......:., The board of adjustment shall have the following powers and duties: (1) Administrative review: 'Th hear and decide appeals when it is alleged that there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulation of the city, county or state. (2) Variances: a. 'Ib authorize upon appeal such variance from the terms of the chapter as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the chapter would result in unnecessary and undue hardship. In order to authorize any variance from the terms of the chapter, the board of adjustment must find that: 1. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other land, structures, or buildings in the same zoning district; 2. The special conditions and circumstances do not result from the actions of the applicant; 3. Granting the variance requested will not confer on the applicant any special privilege that is denied by ordinance to other lands, buildings, or structures in the same zoning district; 4. Literal interpretation of the provisions of the chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the chapter and would work unnecessary and undue hardship on the applicant; 5. The variance granted is the minimum variance thatwill make possible the reasonable use of the land, building, or structure; 6. The granting of the variance will be in harmony with the general intent and purpose of the chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. b. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with any ordinance of the city. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the chapter. c. The board of adjustment may prescribe a reasonable time limit [for] which the action for which the variance is required shall be begun or completed, or both. d. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly, or by implication, prohibited by the terms ofthe chapter in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in other zoning Supp. No. 22 1292.1 I ~ 22-323 PARKLAND CODE districts shall be considered grounds for the authorization of a variance. Appli- cations for a use variance or a special exception shall be reviewed by the planning and zoning board and forwarded to the city commission for a final decision. (Ord. No. 89-19, ~ 1, 9-20-89; Ord. No. 92-28, f 9, 10-8-92) Sec. 22-324. Stay of proceedings. Any appeal stays all proceedings in furtherance of the action appealed from unless the administrative official from whom the appeal is taken certifies to the board of adjustment that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the city commission or by a court of record upon application. (Ord. No. 89-19, ~ 1,9-20-89) Sec. 22-325. Standards and guidelines. (a) A variance from the terms of this chapter shall not be granted unless and until the board of adjustment determines that: (1) Special conditions and circumstances exist affecting the land, structure or building involved preventing the reasonable use of said land, structure or building. (2) The circumstances which cause the hardship are peculiar to the property or to such a small number of properties that they clearly constitute a marked exception to other properties in the district. (3) The literal interpretation of the provision of this chapter would deprive the applicant of a substantial property right that is enjoyed by other property owners in the district. (It is of no importance whatever that the denial of the variance might deny to the property use in a more profitable way or to sell it at a greater profit than is possible under the terms of this chapter). (4) The hardship is not self-created or the result of mere disregard for or ignorance of the provisions of this chapter. (5) The variance is the minimum variance that will make possible the reasonable use of the property, and that the variance will be in harmony with the general purposes and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. (b) In granting a variance, the board of adjustment may prescribe appropriate conditions and safeguards as are, in their opinion, necessary to protect the public interest. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter. (c) Under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the district involved or any use expressly or by implication prohibited by the terms of this chapter in said district or grant a variance increasing the residential density permitted in said district. Supp. No. 22 1292.2 ,,.-' ..,...... , ) CITY OF PARKLAND 6500 PARKSIDE DRIVE PARKLAND, FLORIDA 33067 (954)-753-5040 FAX (954)-341-5161 October 08, 1999 RE: VARIANCEAPPLICATION CASE NO. Ol-V-99 Dear Property Owner: - - Mr. James Willard has petitioned the City of Parkland for a variance pertaining to Lot 24, BBB Ranches. Mr. Willard is requesting the expansion of an existing guest house without the construction of the main dwelling unit. The subject property is located at 7170 NW 83 Terrace in the Ranches. The City of Parkland City Commission will hold a Public Hearing at Parkland City Hall, 6500 Parks ide Drive, Parkland, Florida at 7:00 p.m. on October 20, 1999. Comments of any interested party may be presented in person at the hearing or may be sent to the Planning Department in writing. PLEASE BE ADVISED that if any person decides to appeal any decision made by the Board with respect to any matter considered at such hearing, he will need to provide a record of the proceedings, and for such purpose, he will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. DOCUMENTS, CASE FILES and MAPPING regarding this petition, as well as, the City of Parkland Zoning Code are available for public review at Parkland City Hall, 6500 Parkside Drive, Parkland, Florida, 33067. All persons will be allowed to speak at the Public Hearing. Sincerely, fi<a~L?~ " Bradford D. Townsend, AICP Director of Planning t c 0 .- +- 0 U 0 -l Q) U C ~ . 0 .- ; t L C 0 North > 99-105 7134000022 713401001 7134010012 HENDRIX, CHARLES DONNELLY, MICHAEL THE LANDSCAPE WAREHOUSE 21715 CARTAGENA DRIVE 7250 NW 82 TERRACE 7250 NW 82 TERRACE BOCA RATON, FL 33428 PARKLAND, FL 33067 PARKLAND, FL 33067 713401016 7134010161 7134010162 LAURIA, PAUL FRIEDMAN, ELLEN CONK, WILBERT 7333 NW 82 TERRACE 8255 NW 72 STREET 7300 NW 84 AVE PARKLAND, FL 33067 PARKLAND, FL 33067 PARKLAND, FL 33067 7134010164 8103010018 8103010021 SQUILLACE, MICHAEL LAZOWICK, ELIOT FIELD, THOMAS 7250 NW 84 AVE 8400 NW 72 STREET 7077 NW 84 AVE PARKLAND, FL 33067 PARKLAND, FL 33067 PARKLAND, FL 33067 810302007 810302008 810302009 LOCKE, AL ROGERS, ANITA AGUILERA, ALBERTO 7070 NW 81 TERRACE 7967 SW 7 STREET 7160 NW 82 TERiMCE PARKLAND, FL 33067 N LAUDERDALE, FL 33068 PARKLAND, FL 33067 810302010 810302011 810302022 WILLIAMS, MARSHALL BROOKS, ROGER BOLTON, SANDY 7080 NW 82 TERRACE 6886 NW 82 TERRACE 6970 NW 83 TERRACE PARKLAND, FL 33067 PARKLAND, FL 33067 PARKLAND, FL 33067 810302023 810302024 810302025 WILLARD, ALAN WILLARD, J. BELLASSAI, CHRISTOPHER 7060 NW 83 TERRACE 7170 NW 83 TERRACE 7150 NW 84 AVE PARKLAND, FL 33067 PARKLAND, FL 33067 PARKLAND, FL 33067 8103020251 810302027 810302024 FANNING, TOM BYRON, CHARLES WILLARD, J. 7070 NW 84 AVE 7000 NW 84 AVE 8938 SW 8 ST PARKLAND, FL 33067 PARKLAND, FL 33067 BOCA RATON, FL 33433 N I I I I , ( )0 Ir-:,- :. B " ,\...:./ ;:: L ~~:I ~ ~~I I 1 I 1 I '--__.L_ . u_.n___.--l ~> \J' c ....;: /";-;"\ i, , '--", c W :\~ > <C( .... co . Z c c "" ;"'"..-~------:::::.-- " ..- ..- / __________ n__--.?:~----.- . ~ ;; ,-y' (\. "-- .62:: NW 72 ST 25 C. i..0 c c-- 1'- 1 26 I {. '--' 1. 1'- ~ ~ '--' r- \ , , " - ........_n_._.. .... .... 7-'- 0"' C " '--' '.' ,~ ," ~_. BBB: RANCHES 2nd :ADDITI~N --,~ r ~ .' :'---' .... .... .... " .... .--,- -.-- .. r\' <.:> -/' I , \ \ \ \ '-.D ~ x J. ~ ~- cr. "'-.:: " ILl U <C( a:: a:: ILl I- N co . Z "1 ~- ,'-: ~ '.~ . './' / ROTTERS LA c' '--' ll) \ <:" 1 0 " .... ::) ~',- ',,- / . ----/... " c :x; /";', .__.._._~_. ,-,:y , .. <,- " :" " -..;;. -'. ( ;; \.. " / / " ----. ", -~ = , ::: " .,..i! ", ::~ 1 I ,. 1 1 I I I 1 --.-.4.--.....- I I , , :::, a -,. / ;< . "~ '.:/ ~// 0' .J; '--<,": -'y /- -. BBB R NCHE ILl ILl U . u 7? <C( <C( a:: a:: a:: a:: w ,- ILl --.J l- ce I- .. N ex; .' ~ <Xl ,- <Xl <I ',;",,- -. . . 0::: z z I- " " W - RED'" > If "'. ~ 25 x, (Y' - (E:- ILl W U <C( > a:: <C( a: " ILl ..' .... ,. I- ..v <Xl ..' . " '" Z <Xl . Z CX) ox: ~ :; ::. NW 72 ST TROTTERS LA t - , C 0 0- -t- 0 U 0 ~ CD U C w 0 w w u u u w <( <( <( > 0:: 0:: 0:: <( 0- 0:: 0:: 0:: W L w w 'q" l- I- I- ro t 3: I"") 0 N .-- ro ro Z ro 3: > 3: 3: Nor th z z z September 16, 1999 City of Parkland City Commissioners 6500 Parkside Dr. Parkland, FL 33067 Re: Lots 23 and 24, BBB Ranches (7170 N.W. 83rd Terr.) To Whom It May Concern: IIlIl My name is Jim Willard and I have been a resident of Parkland for over 30 years, and have always supported the City of Parkland's functions and decisions. At this time I am requesting a variance from The City of Parkland on my property for the reasons listed below. In 1968 I bought the above referenced property (6 acres), built my home on 3 acres and guest house and barn on the other 3 acres in 1971, and raised my family over the last 20 years. A few years ago I sold my main home and 3 acres to my son, and continued to reside in the guest house and barn which also is on 3 acres. At this time I'm retired, my children have all moved out, I no longer have any horses and wish to enclose a portion of the remainder of the barn to enlarge my living area, from approximately an 860 S.F. residence to approximately 1800 S.F. of residence, this will also leave 1800 S.F. of carport and barn left. I feel that this improvement would not be detrimental to the community or neighborhood, but would enhance the neighborhood aesthetically. Sincerely, ~.. l) wJfI' '1 - . J .' ,. , r /' . )J~~L.''-- . C ,-.--- /1 :) Jim Willard flQ.r~~~-; j { .. i,' -', -c-C::---;:::-;--:::~-:-CO--~-i": ~..:: =~':;.i , .r.' ..._ ...<:.......:.. CITY OF PARKLAND ; ZONING BOARD OF ADJUSTMENT APPLICATION ~;_:--'--eL~~r;..j Petition for Variances and interpretations of QUestions related to the Zonina Code. REQUIRE~ INFORMATION ::: No7r:~v-n Receipt No. / ,;J.;;;..5 'f A. FEE $ 500.00 * B. (2) SEALED SURVEYS C. (10) FOLDED SITE PLANS 1. The undersigned hereby petitions the City of Parkland for a a) variance from Section(s) 22.30 (1) of the Code of Ordiances b) Appeal from the decision of an administrative official concerning section(s) N/A of the Zoning Code. The petitioner requests that the necessary reviews/hearings by the City to be held to consider the granting of this petition. 2. The property is presently zoned AE-I and is located as follows: a) Address 7170 N.W. 83rd Terr. b) Lot(s) 24 Block Subd' .. B.B.B. Ranches 1V1S1on c) Folio No.: 3. I am the (check one): (X) Owner () Lessee Other (spfecify) () Trustee () Contract Purchaser 4. The record owner of the property is: Mr. James Willard Mailing address: 7170 N~W. 83rd Terr. 5. Check applicable box below: CODE CODE PETITIONERS SECTION REOUIREMENT REOUEST SETBACK FRONT YARD 22-34 50 ft. SIDE YARD 22-34 75 ft. REAR YARD 22-34 50 ft. OTHER, SPECIFY ... VARIANCE AMOUNT (Over) .. 6. Tbe applicant must answer all of the following: necessary.) (attach a separate sheet if <a) Are the special and unique conditions directly attributable to the petitioner's case and not generally aPRlicable to the property located in the zoning district? see attacped letter (b) Are the special and unique conditions directly attributable to the actions of the petitioner? Who or what is responsible? see attacned Letter (C) How would the literal interpretation of the Code of Ordinance, as applied to the petitioner, deprive the petitioner of rights commonly enjoyed by the owners of other property in the zoning district? ~ee attached letter (d) Is the variance granted the minimum variance necess.ry for the petitioner to make reasonable use of the property? see attached letter (e) Would granting the variance be detrimental to the public welf~re, or injurious to property or improvements in the zoning di.t~ict or neighborhood involved? How or how not? see att~cned Letter (f) Would granting the variance be contrary to the objectives of the Comprehensive Plan of the city of Parkland (Staff assistance required) No /~ ... I. ,,/~ (A./Ji~ ~ -", .' siQned: - \ ' SiQDed: .//tt~ / . PetitioJier c., OWner of Record or Authorized Agent (Attach Authorization) Petitioner Name, Address, & Phone Mr. James Willard 7170 N.W. 83rd Terr, Parkland, FL 33067 (Please Print or Type) Received by: -J)1.,W:lU p ~ DATE 1-/).-1'. t/ ' B:APPFORM\BA f ( ()/)I./'<A~Y'