CITY OF HALLANDALE BEACH
MEMORANDUM
DATE: May 24, 2007
TO: Mike Good, City Manager
FROM: Christy Dominguez, Director of Planning and Zoning
SUBJECT: Application #15-07-V by John Bartos, Imperial Stone, Inc.
739 NW 2nd Street - Appeal
Purpose
John Bartos, property owner of Imperial Stone, Inc. located at 739 NW 2nd Street is requesting an Appeal pursuant to Section 32-965(a) of the City Code regarding the Planning and Zoning Board’s denial of Application # 15-07-V for a variance to construct a 6-foot high fence at the subject property.
Background
John Bartos of Imperial Stone filed Application #15-07-V to construct a 6-foot high wall in the front yard setback area of a legal nonconforming light industrial use at 739 NW 2nd Street. The requested 6 foot wall is not permitted as the property is presently zoned RS-6 (Single Family), Hence, it is subject to the standards for fences in residential districts which limits fence heights to 4 feet within front yard setback areas.
On January 24, 2007, the Planning and Zoning Board held a public hearing on the application. Staff’s analysis and recommendations are in the attached staff report dated January 12, 2007.
Discussion
At the public hearing on the subject application, Darryl Cole, the adjacent property owner at 731 NW 2nd Street, opposed the granting of the variance to build a 6-foot masonry wall along the west property line. After lengthy discussions and consideration, the Board voted 5-2 to deny the requested variance.
Mr. Cole was concerned with having visibility for his back yard and driveway. Since the hearing, the applicant and Mr. Cole have agreed to a 5 foot aluminum picket fence. The new proposal would have likely been approved by the Planning and Zoning Board since it is acceptable to Mr. Cole.
Analysis
Section 32-965(a) of the Zoning and Land Development Code provides the Planning and Zoning Board with authority to approve/deny variances for minor developments/ improvements. According to the Code, upon a negative finding by the Board, the applicant may withdraw or elect to appeal the Board’s decision by
filing a notice of appeal within 15 days of the Board’s decision. Mr. Bartos filed an appeal within the Code’s specified time.
Subsequently, Mr. Bartos met with the adjacent owner to address Mr. Cole’s concerns. Mr. Bartos agreed to erect a 5 foot aluminum picket fence with shrubbery at the base along the common property line with Mr. Cole. In addition, the concrete block wall along the north property line will be 3 feet in height with aluminum fencing and landscaping.
Conclusion/Recommendations
In the staff report for the subject application, staff concluded the requested variance was not warranted as the applicant could build a 4-foot high wall in lieu of the requested 6-foot in height wall.
Since that time, however, the applicant has modified the proposal to reduce the proposed fence height to 5 ft. and incorporate aluminum picket fencing and additional landscaping to the satisfaction of the adjacent property owner. In addition, the applicant has made substantial improvements to the property to meet parking and landscaping requirements including additional landscaping materials exceeding Code requirements.
As a result, should the City Commission decide to reverse the Planning and Zoning Board’s decision, staff has no objections to granting of the variance subject to the applicant modifying the proposal to adhere to the agreed modifications with Mr. Cole.
Reviewed:
______________________________ ____________
D. Mike Good, City Manager Date
___ Approved ___ Denied ___ Hold for Discussion
Comments:_____________________________________________________________