Item Coversheet

CITY OF OAKLAND PARK, FLORIDA
CITY COMMISSION AGENDA ITEM REPORT


A
GENDA ITEM NO. 1

MEETING DATE: 2/21/2018
PREPARED BY: 

Stephen Scott, Assistant Director

Engineering & Community Development

 

Jennifer Frastai, Director

Engineering & Community Development

DEPARTMENT HEAD APPROVAL:  ECD - Planning
SUBJECT:

An application by Tombee LLC, requesting a Variance from Section 24-31 (C) (1) for Building Site Area for a Single-Family Home at 325 NW 32nd Street;

Case #CD17-04V “Bhegani Variance Request from Building Site Area minimum requirement”


1.BACKGROUND/HISTORY
    
 

Issue Statement:  The applicant, Tombee LLC.,  is requesting a variance from meeting the minimum lot size requirement to construct a single family home pursuant to Chapter 24 of the City’s Code of Ordinance, the Land Development Code.

 

On January 30, 2018 the Board of Adjustment recommend approval of the variance request by a 5-0 vote.

 


Application: The applicant would like to build a house on a vacant, residentially-zoned property located at 325 NW 32 Street. The current platted configuration of the property requires an additional 88 square feet to meet the minimum lot size requirement of 6,000 square feet to construct a single family home.

The applicant is requesting a variance from meeting the minimum lot size requirement to construct a single family house pursuant to the Chapter 24-31(C)(1) of the City’s Code of Ordinance, the Land Development Code.

The property is currently a vacant lot which once contained a pool and shuffleboard courts for the adjacent homeowners association. The “Boulevard Villas” homeowners association, now inactive, foreclosed on the property, filled in the pool, and the property was sold at auction to the applicant in 2016. The lot is irregularly shaped, approximately 70 x 100 feet, which meets the minimum lot size requirements for a house, but it is only 5,912 square feet in size; 88 square feet short of the minimum 6,000 square feet.

The property is in the R-2, Two-Family Residential zoning district. The adjacent uses to the east and west (also zoned R-2) are one-story multi-family residential buildings (3 to 7 units per building) contained on a street with dead-ends on both the east and west, which is all part of the former “Boulevard Villas” Association. To the south, the property faces NW 3rd Avenue which is used to access the Boulevard Villas units as well as commercial uses on Oakland Park Boulevard. The north of the property borders R-1, Single Family Residential property (the rear of Sleepy River Acres).

The property and adjacent right-of-way on NW 3rd Avenue is platted and the right-of-way is governed by the City.

APPLICABLE CODES: City of Oakland Park, Land Development Code


§24-31 (C) (1) Building Site Area for a Single-Family Home
- One-family dwelling: Minimum 6,000 square feet and 60 feet in width.

 

§24-232 Board of Adjustment.

(C) Basis for a variance. The board of adjustment shall approve a variance only after the applicant has demonstrated justification for the granting of a variance in conformance with the following criteria:
(1) That special conditions and circumstances exist affect the land, structure or building involved preventing the reasonable use of said land, structure or building.
(2) That the circumstances which cause the hardship are peculiar to the property, or to such a small number of properties that they clearly constitute marked exceptions to other properties in the district.
(3) That the literal interpretation of the provisions 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 owner some opportunity to use the property in a more profitable way, or to sell it at a greater profit than is possible under the terms of this chapter).
(4) That the hardship is not self-created or the result of mere disregard for, or ignorance of, the provisions of this chapter.
(5) That 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.
(6) That granting the variance requested will not be detrimental to adjacent property or adversely affect the public welfare. No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted use of land, structures or buildings in other districts shall be grounds for the issuance of a variance.
(7) Under no circumstances shall the board of adjustment recommend a variance to permit 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.

2.CURRENT ACTIVITY
    
 

The property is currently vacant. The applicant proposes to develop a single family house and is seeking a variance from the minimum lot size of 6,000 square feet.

The DRC has completed their review. Upon review the applicant was advised that the project is not in compliance with the Land Development Code. More specifically, the application does not meet the requirements of Section 24-31, Building Site Area for Single Family Homes.

The applicant previously applied for a vacation of a portion of the adjacent road right-of-way, in order to add land to the property, thereby increasing the lot size. However, that option was not considered in the best interest of the City and the application was withdrawn. It should be noted that staff has worked with the applicant to ensure that the turning radius for the City's Fire vehicles still meets the requirements to ensure there is no impact should the variance be approved.  

Variance Request:
The applicant is requesting a variance from meeting the minimum lot size requirement to construct a single family house pursuant to the Chapter 24 of the City’s Code of Ordinance, the Land Development Code.

Variance Hardship: The applicant has listed the lot size and the existing configuration as a platted, fully built-out community as a hardship.

Findings:
• The special conditions and circumstances affecting the land preventing the reasonable use of said land as intended in the R-2 zoning district is the size of the lot as it was originally platted. §24-232(C)(1)
• The circumstances which cause the hardship are peculiar to the property, it is a vacated lot which previously was used as the pool and shuffleboard courts for the now inactive homeowners association. §24-232(C)(2)
• The literal interpretation of the provisions of this chapter would deprive the applicant of a substantial property right that is enjoyed by other property owners in the district. Most of the properties in the area are one and two-family dwellings which were platted as a community to meet the minimum lot size requirements. §24-232(C)(3)
• The hardship is not self-created by the design. §24-232(C)(4)
• The variance sought is the minimum variance that will make possible the reasonable use of the property in a way that is compatible and in harmony with the existing neighborhood, and with the general purposes and intent of the Land Development Code. §24-232(C)(5)
• The application has been reviewed by the Development Review Committee (DRC) and plans meet the requirements of the zoning codes and district regulations. If the variance is not approved, DRC cannot approve the Site Development Plan.
• The applicant addresses the criteria for a variance in Section 24-232(C) (see attachment).
• The City Commission has final review of the Variance application.

 

The Board of Adjustment recommended approval of the variance request by a 5-0 vote.


3.FINANCIAL IMPACT
    
 Not applicable.
4.RECOMMENDATION
    
 Based on the above findings, staff recommends the City Commission approve the requested variance. 
ATTACHMENTS:
Description
Applicant's Project Narative
Aerial Map
Location Map
Zoning Map